Old Bailey Proceedings, 6th April 1785.
Reference Number: 17850406
Reference Number: f17850406-1

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON AND ALSO The Gaol Delivery for the County of Middlesex; JUSTICE HALL in the OLD BAILEY, On Wednesday the 6th of APRIL 1785, and the following Days;

Being the FOURTH SESSION in the Mayoralty of The Right Hon. RICHARD CLARK , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER IV. PART 1.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXV.

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

BEFORE the Right Honourable RICHARD CLARK , LORD MAYOR of the City of London; the Honourable SIR GEORGE NARES , Knt. one of the Justices of his Majesty's Court of Common Pleas; the Honourable Sir JAMES EYRE , Knt. one of the Barons of his Majesty's Court of Exchequer; the Honourable JAMES ADAIR , Serjeant at Law, Recorder of the said City; JOHN WILLIAM ROSE , Esq; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

First London Jury.

Robert Underwood

Samuel Conder

Thomas Conder

Edward Snelson

* Henry Serjeant

* J. Stamper Messenger

* John Bowman and John Penny served some time in the room of Henry Sergeant and James Stamper Messenger.

George Skelton

Richard Bennett

Peter Milne

William Renwick

Joseph Nesbitt

John Simpson

Second London Jury.

Thomas Williams

Thomas Pallett

John Brooks

Gale Middleton

James Roberts

Stephen Newman

Thomas Finmore

Edward Percival

Samuel Badcock

Christopher Wright

J. Stamper Messenger

Ebenezer Clarke +

+ William Wilson served the 6th day in the room of Ebenezer Clarke .

First Middlesex Jury.

John Bond

Thomas Boys ++

++ Tuffin Hobbs served some time in the room of Thomas Boys .

Richard Ambrose

William Richardson

William Mercer

John Harris

Ralph Mitchelson

Thomas Lightfoot

Samuel Morris

Richard Clewin

Walter With

Robert Nicoll

Second Middlesex Jury.

James Keene

William Green

John Day

Thomas Hollis

Edward Cabe

Thomas Stead

Henry Nix

Abell Chapman

Hugh Lawrance

Rees Lloyd

John James

John Groome

Reference Number: t17850406-1

415. WILLIAM HIGSON was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 5th day of February last, feloniously, wilfully, and of his malice aforethought, did make an assault on Joseph Higson , and with both his hands and feet at and against a certain iron stove-grate in the dwelling-house of the said William, did violently strike, kick, cast, and throw, giving him by the striking, kicking, casting and throwing, at and against the said iron stove-grate, as aforesaid, in and upon the

right side of the head of the said Joseph, near the temple, one mortal fracture of the skull, of which said mortal fracture of the skull, he, the said Joseph, from the said 5th of February to the 13th of the same month did languish, and languishing did live, on which said 13th day of February he did die, and so the jurors aforesaid, upon their oaths say, that the said William Higson , him, the said Joseph Higson , in manner aforesaid, did kill and murder .

He was also charged with the same murder on the coroner's inquisition.

ANN DICKENSON sworn.

Court. What do you know of this affair? - What I am going to speak upon is a month before the child's decease, within three or four days.

Go on, and tell your story? - I was at my own door, opposite the prisoner's -

What is the prisoner? - A taylor ; I saw the child come out first.

Did you know the child? - Yes.

Was it one of his children? - I believe it to be so, according to the mother's discourse.

Was it a boy, or a girl? - A boy.

What age was he? - Not quite nine, till next June I think; the father came after the boy out of the house.

Was he running out? - No, walking; his father had a poker in his right hand, and he hit him over the left side of his head with the poker; he bled a good deal, and I saw the blood run to the collar of his shirt.

Do attend to me particularly; did the boy come out first? - Yes.

Did the father get before him at all? - No, the door stands up in an alley, and the child came out side-ways to shun him, and met his father with the poker in his hand, and he hit him on the left side of the head; and the child came over to me, and held up his two hands, and begged me to save him; I put him on my own stairs; about a quarter of an hour after the father came to me, and said, damn him, where is he? - I begged of him to qualify his passion; the father went to his own habitation, he came again, and brought a little dish, what we call a penny dish, with about a pound of meat in it hot; he said the boy had eaten four pounds all but that bit, while he had been to the mother to the hospital; he asked me where he was; I told I would not tell him, without he would promise not to beat him again; he did not say whether he would or not, but he went away to his own apartment again; and in about half an hour he came to me again, and asked me where he was; I told him, I would tell him if he would not beat him; otherwise I would not; he said he would not; I went up to the child and said, Joey, your daddy wants you; and he said, has he got ever a stick in his hand? I said no my dear; I took him by his right arm, and carried him in doors to his father; and he said nothing to him that night, nor I did not see him beat him, or hear him that night; but the next morning about five, he cried out sadly.

What did you hear? - I heard him cry out, dear daddy, dear daddy.

In what manner? - Crying out in a very loud manner, O, O , O, and then he cried, dear daddy, dear daddy.

Jury. How far off do you live? - About eight or nine yards off.

Court. Could you see what he struck him with? - It was a poker, upon my honour; but to swear to the poker I cannot.

Did you examine the wound, or any thing? - I cannot say I did, for I was rather flurried; but there had been a scab on his head, on that place ever since.

Had his head stopped bleeding before you carried him home? - No, it had not, but it did not bleed so fierce as it did at first.

Did not you offer to wipe off the blood, or any thing of that sort? - I did not upon my word, I was so much flurried, I really did not.

Did you see him the next day? - Yes.

Was there a scab there then? - Yes, and to the day of his death.

The bleeding was stopped? - Yes.

Whereabouts was it particularly? - On the back part of his head, among the hair.

There was only a scab the next day? - No.

The head was not swelled, or any thing? - No, not that I perceived.

It was not upon the temples? - No.

SUSANNAH HOBBS sworn.

I lived next door to the last witness, and keep a chandler's shop: on the 12th of February, on a Saturday in the afternoon, the mother of the child came over to me for a peck of coats; I asked her how her little baby did, which was sucking at her breast, she said it was better, but her little boy Joey was very ill, and she had just been up to the Dispensary for three papers of powders for him; then you see, Sir, she said that her child had been very ill for some time; with that I said, it is a very good thing, it is very well you are come home, for your child has been used very ill; then she went over to her own house.

Why did you say so, did you know the child had been used ill? - Yes, by screaming out, the neighbours were always calling to the prisoner, and saying he was a second Brownrig, using his child ill.

Have you ever heard the child scream out? - Yes, several times.

Had you ever seen the prisoner beat the child? - Never in my life; about dark I went over to see the child, not knowing he was in that condition; when I went in his mother was standing by the fire side, and I said Mrs. Thing-a-me, where is your little boy? and she said here, in the cradle.

Court. Why he was eight or nine years old? - Yes, but he lay in a cradle when I saw him; she took a candle and shewed me the child, and when I saw him I was so shocked, I thought I should have dropped into the cradle.

What appearance had he? - By his head, he moaned most bitterly.

What was the appearance that shocked you? - I said to her, dear me, Mrs. Thing-a-me, what have you done to your child, have you poisoned him? - she said no.

Did she say any thing about her husband? - No, his head was swelled terribly, then I went into my own place again; I went over again presently, and asked her how he did, she said, he was very bad indeed; I said Mrs. Thing-a-me, is he in his senses, and she said, O yes! Madam, says she, you shall hear him speak, I have just been talking to him; says she, Joey Higson , my dear, tell who has hurted you, has mammy ever hurted you? no, he said; who has? dad, says he.

Court. Where was the father at that time? - I never saw any thing of the father the Saturday at all, that was the last word I heard the child speak.

Court to Prisoner. Do you wish to ask these two witnesses any questions? - No, I do not want to have any conversation with them at all; they are people not worth speaking to at all.

MARY SIMES sworn.

I live in the same house where this here taylor lives.

What do you mean, the prisoner? - Yes, I have heard the boy-cry out late and early, of being sadly used.

In what manner? - He has cried out, O daddy! O daddy! when he has been beating him.

How can you tell he was beating him? - Because I have heard the blows up two pair of stairs, I have heard the blows in the morning by five o'clock, and sometimes late at night; and the last time he was down stairs, I was coming down, and I looked through, and I saw the child coming out of the door, and the prisoner was going to kick him, and he lifted up his foot to kick him, and the child cried out, O daddy.

Did he kick him? - He did not kick him, but he pulled him by the hand, and hit him over the face.

What with? - With his flat hand, then he was running out of doors, and he caught him, and the child cried out, and he put his hand and stopped his breath, and he pulled him in by his arm, and the neighbours cried out shame; I said afterwards

to the child, has your daddy been beating you? he said, yes, my daddy has a new way of beating me, because the neighbours should not cry out shame.

Court. Then he was running about? - Yes, he came out and was going of an errand.

Court. That is no evidence at all what the child said, at that time.

Did you see the child after that? - No.

ELIZABETH DARBY sworn.

I lived opposite, I frequently used to hear the child cry out in a most shocking manner, my husband and I have perfectly heard the blows; the child used to come into my shop, I keep a chandler's shop, and he said, his daddy was always beating and kicking him.

Was that at the time you have heard the blows? - No, not then, but he was frequently beating the child, every day two or three times a day, he was hardly free from crying out.

Court. I think you are not to tell us what the boy said, I would not have you tell us what the child said, especially at that time, that he was running from his father's house to you, because you see, gentlemen of the Jury, that declaration was not upon oath, nor was there any thing that would bind the child, nor was he in that sort of state, to inforce what he said to be true; as for instance, the declarations of dying people not expecting to recover, have that influence on their minds and conscience at that time, which makes them equal to an oath; and that desire that they must then have in point of conscience not to speak a falshood, is equal to evidence upon oath; but there was no influence on this child's mind at that time: and another thing, in consequence of his provocation, and perhaps being ill used by his father, he might exaggerate what his father had done, being angry with his father, and his father with him; therefore, I think these declarations are not to be received in evidence, for if that was the case, you see what dangerous consequences might ensue.

Mr. Baron Eyre . I agree intirely with my brother, I think this evidence ought not to be received: all evidence against prisoners is to be on oath, with one exception, which is a declaration without oath, by a person who conceives himself to be in a dying condition, as to the author of the in jury he has received; and that is upon this ground, that the situation of such a party creates an obligation upon his mind to speak the truth, equal to the sanction of an oath; that of necessity applies only to the particular situation of the party then upon a death bed, and cannot possibly extend to all the general declarations that persons make, who may have received injuries: the rule is a general one, and this prisoner, and all prisoners must be entitled to it; it is a rule founded on public justice.

E. Darby. When he came into my shop about a week before he died, I saw his face was all black.

Jury. Was there any advice called in, in this series of time?

Mr. Gorsuch, the Surgeon, My Lord, the wife applied to the dispensary for powders, but not for the contusion on his head? - A quaker doctor came from the dispensary, I saw the Gentleman myself, and he told me all she told him was, that the child had got a violent cold.

Court. Who was that gentleman.

Mr. Gorsuch. I suppose it was Doctor Whitehead , he is a physician, and a quaker.

What day was this that his face was black? - To the best of my knowledge, it was the week before the Sunday that he died, and I think to the best of my remembrance, I saw the child at the father's house, on the Sunday night before his death; I went over, hearing he was very bad, and asked to see the child, his mother said, yes, to be sure, he then laid upon two chairs upon his right side, there was a handkerchief over his face and his head, and she pulled the handkerchief off, and one side of his face seemed to be all bloody, and I turned my head, he looked so shocking, I was ready to drop.

Did the blood on the handkerchief seem like fresh blood? - It looked like fresh blood running on the handkerchief.

That was the night before he died? - Yes; I asked the mother why she did not put him into bed.

Court. The conversation of the mothe r does not signify.

Who lives in the house with the prisoner? - Mary Simes and another woman besides lived up one pair of stairs, and this woman up two pair; Tracey Bell lived next door, the woman's name is Jane Thomas , who lived up one pair of stairs, she was not examined at Hicks's Hall.

Court. Is she here? - No.

Where is she? - About two miles off.

Court to Simes. Do you know this Jane Thomas ? - Yes.

Had she any thing to do with the family? - No, she said, she did not see but little of it.

Where is the place where she is? - The other side of Moorfields; Jane Thomas No. 18, Lamb's buildings, Spitalfields.

Court. She for her.

(The beadle of the parish, the witnesses Simes, and on officer of the Court, were sent for Mrs. Thomas.)

ELIZABETH TRACY BELL sworn.

I lived the corner of the alley, I keep a chandler's and oil shop, which is now pulled down; on Saturday evening, I heard a great noise about the door, I went out of my door, and there was a constable, I do not know the man, but he was talking to the neighbours; and he went and asked at the prisoner's wife's door, where her husband was, she said he was out at work; he said, tell him not to touch the child, for if any thing should happen, he might depend upon suffering.

The man was not at home at that time? - No.

Then that is nothing? - I must speak the beginning, for I cannot begin on either side of the story; and he said, he should speak to the constable of the night, and the watchmen, to watch that house particularly; this was on the Saturday night, I went in and knocked at the door.

Did you see the child? - She asked who it was, I said, it was nobody to hurt her; I asked her how the little boy did, she said, he was very bad; he was laying across two chairs, she shewed me the child, and his two eyes were as big as a great turkey's egg cut in half; he had just been cleaned, I saw on the left side of his head, a long mark of blood, longer than my finger, and a little water; and I says to her, Lord Jesus! there is blood, and she said, no, there is not; and she wanted to turn it over, to conceal it: after that, my mother and I went in, and there was more blood, his head kept gushing out blood and water all night, I spoke to the child, and asked him if he knew me, and he said, yes; he said, he was very bad, I asked him if he was sore, he said, his head was sore all round, he was sore all over; after that I went in several times, and the child had some panado, and some stuff, and he eat it very hearty; both early and late, we have been disturbed with the child's screams, crying out O daddy! daddy!

Mr. Baron Eyre . Was it always O daddy? - Yes, daddy, daddy, dear daddy, daddy! the father was as hoarse then, as he is now, that he could not hear him; the mother has been in the hospital sometime, she had been at home a fortnight and two days when the child died.

You never heard of any complaint of any body else hurting him, but his daddy? - No, Sir; I never saw any blows, but have heard the report of blows several times; between the room that they lay in, and that I lay in, there was about a yard and an half; there were two partitions between, a bit of a wooden partition, I fancy it was originally all one house.

THOMAS TALBOT GORSUCH sworn.

I live in Shoreditch, I am a surgeon.

You was sent for? - I was requested by Mr. Philips, the coroner, to attend the

Jury; observing a confusion on the right side of the head, a little above the temple, I removed the scalp, which was detatched from the skull, which was parted from the skull underneath; I observed a fissure upon the bone, the difference between a fissure and a fracture, is much the same as between a flaw and a crack in a pane of glass, the one is partial, and the other impartially through; the fracture goes quite through, but the fissure is only partially through, the same as a flaw in a pane of glass; I then took off the upper part of the scull, and the vessels of the brain under the fissure were very turgid and inflamed, and the maladies of membrancs of the brain adhered to the skull, which is common where there are very great inflammations from concussions, or from colds, or other causes: the contents of the thorax and the abdomen were perfectly found.

Go on and describe where the mortal violence was received? - That was all I could perceive on the head, some of the witnesses have mentioned the left side, but there was nothing on the left side any more than the scurf, which is common to children not taken care of; there were no marks of violence at all on the left side, the mischief seemed to be entirely on the right.

Jury. Was there no scare on the left side? - None at all.

Court. Was there no scab, nor any appearance of any? - None at all.

Mr. Baron Eyre . No appearance of there having been only lately? - None at all.

Court. It would leave an appearance? - I should imagine so, it was on what we call the os bregnitis.

Could you form any judgment what it was done by? - It must be by some obtuse instrument, some blunt instrument.

Did you think, from the symptoms you observed, that it was the cause of the child's death? - There is every reason to conclude so, the child had that fallow bloated countenance, and that emaciated appearance of body, which children in poor habitations that have been badly clothed, and scantily sed have; but I should imagine from the wound that appeared on the head, that the death must be owing to that wound.

You think it was certainly? - I have not the least doubt but it was.

Jury. You did not see the child till after it was dead? - No, the general state of the child's health, I think had been in a very bad way, for some time before he died.

Court. As a fissure is in a less degree than a fracture, I suppose it may happen by less force than a fracture? - Yes, my Lord, by a fall, for instance, in this case as there was such a violent contusion on the right side, I have no doubt but the fissure must come from the contusion on that side.

Mr. Baron Eyre . Was there any thing in your observation, that could determine your opinion, whether it was done by a blunt instrument, or by a fall? - There was no appearance of the skin being cut, no crack at all in the skin externally, a blunt instrument and a fail undoubtedly would have the same effect.

Suppose the child to have staggered, and fallen against a stone in the wall, it would have been exactly the same, as if he had been hit with a blunt instrument, the concussion produces the fissure? - Undoubtedly my Lord.

Court. You have heard an account of the blow being struck about a month before; suppose a blow had been given on that side of the head a month before, might it by degrees been growing for a month, so as to occasion the death? - It may be from seven to fourteen days before the wound would have the appearance, before the child's death.

Court. It might be for some considerable time, then I suppose it might be longer? - Undoubtedly it will extend and inflame, according to the state of the child's body, but I should imagine, according to the state of the contusion, this had happened about seven or fourteen days before his death.

Mr. Baron Eyre . Might it have happened a month before? - It is very difficult to say, I cannot speak to that with

that degree of satisfaction to myself as I could wish.

Am I to judge it could not? - I do imagine it might be from seven to fourteen, or thereabouts.

Jury. I think the surgeon speaks to the child's being in a very bad habit of body? - In a general bad habit of body, his body was very much emaciated, he appeared in a state of poverty.

Jury. My question is, whether he knew the child any time before the first blow was given? - No, I never saw the child before.

Court. Can you account for the blood appearing, according to that woman's evidence, the very night before the death? - It is very easy to account for that; after the contusion I should suppose on the side of the head, the extravasated blood became putrid, and by that means the scalp was detached from the bone, and that occasioned the appearance; I believe that is the case of all wounds, by the removal of the scalp, where it is in a state of putrefaction, the blood may come down from that aperture; I should imagine the extravasation was from the vessels on the bone not externally, and then it slipped down and droped into the socket of the eye; the child's eye appeared very large, I attributed that to the extravasated blood.

Have you met in your own practice many instances of this kind? - A good many.

How soon after the accident may the symptoms come on? - In general from seven to fourteen days? I have known a fissure to be upon a patient five or six months before ever they have made any appearance, and then afterwards they have had complaints in the head, and when the scalp has been taken off, the fissure has appeared: I only speak in regard of the contusion, not of the fissure, because a very trifling blow will occasion a fissure, without having a contusion that would produce these effects upon the child, a contusion will follow immediately, but will not shew themselves immediately in that putrid state.

Mr. Baron Eyre . Did you ever know an instance that a contusion did not immediately follow a blow? - Undoubtedly, but the extravasation is taken up by the absorbent vessels, and the fissure still remains, in all probability the absorbents could not take up the extravasated blood, and then when it slipped it extended itself.

PRISONER's DEFENCE.

(The prisoner was very hoarse, and his defence was repeated by an officer of the Court.)

As to the gentlewoman that sworn first, I was in the country at the same time, at Woolwich, at the time she swore the blow was given; I worked there three days, and I came home, and staid at home for a week; I sent the child out for a six-penny loaf, that was the week following the time I came home, and during that week I was at home, the child came home and told me that a woman had thrown him down, with the loaf in his hand; Sir, at that time he fractured his scull on the right side; he broke his head at that time on the right side; in the course of the week I went and worked three days in Nortonfalgate, and the week after I stopped at home three days longer; on Tuesday night I sent him out for a loaf again.

Court to Prisoner. How long was that before his death? - About four days before his death; I asked him whether he could go or not, two or three times, and he said yes.

Court. Did you doubt then whether he was able to go? - Yes, because he had got very swelled legs; he went out and called at the White Swan public-house, he frequently called at different public houses to beg beer; and so I sent his mother after him, to see if he was coming home, and she could not find him, so she came home without him; and I desired her to go to many other houses besides, and she went to three or four houses, and he had been there and had bread and cheese at these different houses; when he came home he had

fallen down, and cut the right side of his temple with the fall; his mother was going as far as Drury-Lane, on an errand, and the child was gone to bed; and the left side of the boy's face was terribly swelled in the morning; and the next morning I told her to go to Doctor White , and get him into the Dispensary; she went, and I went down to Woolwich to work; I worked there till Saturday night, I came home on Saturday night, and saw the boy very bad, and my wife said she had been at the Doctor's; and the Doctor said he would come on Sunday; I stopped there on the Sunday till eight o'clock, and sent to the Doctor's again: that is all I have to say about that; I have something to say in respect to abusing the child; I never struck the child with the poker; when my wife was in the hospital, I used to take a rod and beat him with; and she was in the hospital on the 2d of January, and she came out when she had been in three weeks; I do not know that ever I ill used the boy afterwards; and I suppose his death to be from a cold which slew out of his legs, being a disordered child; he always had a breaking out in his head and ancles. I do not think that these people that have been examined are sit to go upon life and death.

ELIZABETH JACKSON sworn.

I have known the prisoner about eight years, he lived neighbour to me about three years and a half, that is about four years ago; he was a very careful, honest, hardworking, industrious man, never letting his family went for common necessaries; I was his opposite neighbour, I never saw him beat his children or abuse them any more than what any parent ought, when they are in fault; I live in Kingstand-road, and he lived in Long-alley, Moor-fields.

How far is that off? - About three quarters of a mile.

JOHN HALL sworn.

I am a taylor, I have known the prisoner four years; I always knew him to be a man that took care of his children, and was a man that loved his children very much.

How near did he live to you? - Within about a quarter of a mile; he lives now in Long-alley; I have worked with the prisoner, he has worked at my house, I never worked at his; I was at his house within a quarter of an hour of the child's death, we had all the assistance that could be got from a Doctor; there came a Doctor, and we got leeches, and set to the child's temples but all to no purpose.

Who did you see there? - Nobody but his wife, the Doctor had been there about a quarter of an hour before, and had ordered leeches to be set to his forehead; his wife went and fetched them, and she and I put them to; and it was by her husband's desire we went for assistance.

Did you go of your own accord, or was you sent to by the prisoner? - I was desired to go to see the boy by her husband, and she likewise, and to get assistance.

When was that? - It was the day before the child died, and the day he did die.

Who went to the Doctor? - His wife.

Did she go while you was there? - Yes, and I staid at her house while she went.

When did she go? - She went on Saturday, and likewise on Sunday.

WILLIAM HARDACRE sworn.

I have known the prisoner seven years, a very hard working, industrious man, he worked for me at my house, for near a twelve-month, and used to use his family well, and provide for them; he used his family exceeding well; he paid his way always honestly, to the best of my knowledge, I never saw any thing amiss in his behaviour in the time he worked for me, nor since.

JANE THOMAS (who was sent for by the Court) sworn.

Did you lodge in the house with the prisoner? - Yes, I did.

Do you know any thing of this affair? - I have heard him beat the child sadly, I never saw him beat him, I have heard him beat him till he groaned, I never saw him

but I have heard the child cry; he has beat him when the wife has been in, and when the wife has been out, time after time.

Was there any body in the house that would do the child any harm? - No Sir, I never saw nor heard of any body else offering to beat him.

When you heard these blows, had you any thing that informed you, or could make you pass any judgement who it was that beat him? - No farther than the child's saying, O, dear daddy! as long as he could cry, and then he would groan.

Are you sure this is true? - I am sure this is true.

How long did you live with him? - I lived in the one pair of stairs when he came; I live in Sun-street, I do not live there now, the houses are going to be pulled down.

Did you live there as long as the child lived? - Yes, I was there when the child died.

Court. Gentlemen of the Jury, William Higson stands indicted, &c. (Here the learned Judge summed up the evidence, and then added) This is the evidence on both sides; the crime that the prisoner stands charged with is such, as abstracted from murder, which is one of the most heinous offences that can be committed, stands aggravated by being committed by a parent on a child; but when I have said this, I will likewise say, that the more heinous, and the more unnatural the crime is, the stronger ought the evidence to be, and the most convincing, because as it is unnatural, and thank God a thing we seldom hear of, the greater is the presumption against a parent's being capable of committing such an act: and now, Gentlemen, though I dare say you want no instructions, let me advise you not to suffer the nature of the offence to prejudice you against the prisoner; but to consider this case coolly and calmly, as if you were trying a man that stands committed for the murder of an absolute stranger. It does not appear that there were any people in the house, except the man and his wife, and these two lodgers; there is no body appears to you to have been there, or to have done any act towards the child, but the child had been all this time in the power and under the controul of the father and mother: you have then had evidence of his behaviour towards the child; the striking the child with a poker has been proved by that woman; and though the prisoner has denied it, and said that he was in another place at that time, and remained there three days; yet it would seem, if that was true as he asserts, he might have a power of proving it, however he has called no witnesses to that purpose; therefore as to that fact, that woman stands totally uncontradicted; it is true, she says the violence is on the left side of his head; however, she might be mistaken, for there does not appear by the evidence of this Gentleman, who seems to be extremely well-skilled in his profession, that any thing can be attributed to any thing that was done at that time with the poker; he cannot connect the appearance after a month, as arising from that stroke of the poker. Then, Gentlemen you are to consider the general behaviour of this man towards the child; that this child has been treated in a cruel, and I am sorry to say, in an inhuman manner, seems to be proved by every one of the witnesses, and that the prisoner was the man that beat him, although to what degree does not strictly appear, but by every one of the witnesses the child exclaimed, O, dear daddy, daddy! it was his name, and his name only, that the child cried out upon, when he was beating; I am sorry, but my duty calls upon me to make an observation on the evidence of the last witness, who speaks in a very strong manner indeed; she says, the child cried out, O, daddy, daddy, as long as he could cry, and afterwards he would groan; this in the course of at least a month, or more, prior to the death of the child. There is no particular evidence whatever that shews you how this violence was committed; but however, Gentlemen, in point of law, I think it is to be left to your consideration; it is not necessary to prove the exact fact done, where the person who has

received the injury has been totally in the power, and I may say in the possession of the party; that has been proved, and it is certainly incumbent upon the prisoner to shew in some respect how this child came by the mortal wound; he has told you indeed, (but what he has said is to have no more weight with you than as you are satisfied with the truth of it) that the child had a very considerable time before his death received a fracture in his skull, and a cut on the side of the head; sorry I am to say, that if it had, we have never seen the least assistance called for, till the very day before the child died: his own account is, that he doubted whether he could send him out a second time, or whether he was able to go; yet till the Wednesday before he died, t here is no account whatever of any the least assistance being called for; this child, by the account of every body, and all the neighbours, was heard from the opposite side of the way, morning and night continually and repeatedly crying out, and they continually hearing blows, though they did not see them; this is a circumstance that is to be left to you; there is such a thing as the law has called a sort of violent presumption; if a man comes out of a room with a drawn sword bloody, and a man is left dead in that room, nobody saw the stroke, yet the presumption is almost necessary; I do not say it is so strong in this instance, but you see how much it was in the power of the man to have accounted for these acts of violence which the child has received; you hear what is actually proved, that he has done, and the dreadful consequences when the child could cry no more, ending in a groan: if you are satisfied in your minds and consciences from all that has been related by all these people, though the prisoner seems to tell you they ought not to be believed on their oaths in cases of life and death, yet you are to judge how far their testimony deserves credit, and you will give it that credit that you, as Gentlemen, think in point of conscience they ought to have; you must, as I told you before, lay aside all prejudice of every kind that would as it were inflame your passions, and think of this case coolly and indifferently, and then give that verdict which you in point of conscience ought to do: and that must be, if you are fully satisfied that the prisoner has been the death of this child you will find him guilty: if any doubt whatever remains in your minds, I am sure your own humanity will suggest to you, that you would not take away the life of a man if you was not fully justified and convinced in your consciences, that he deserves that punishment.

The Jury withdrew for a short time, and returned with a verdict.

GUILTY , Death.

He was also found guilty on the Coroner's Inquisition.

Thomas Shelton , Esq; Clerk of the Arraigns, then addressed the prisoner, as follows:

William Higson , you stand convicted of the wilful murder of Joseph Higson ; what have you to say for yourself, why the Court should not give you judgment to die, according to law.

Proclamation being made for silence, Mr. Recorder immediately addressed the prisoner in the following words:

William Higson , you have been convicted, by a very merciful and attentive Jury, upon evidence which has left but little room for doubt of your being guilty of a crime the most aggravated that can disgrace the character of man. The crime of murder in itself, of wilfully and maliciously depriving a fellow creature of life, is an act from which nature shrinks back with horror, and a crime which the laws of God and of man have thought it necessary to punish in the severest manner; but when we consider that the unhappy object of your crime was your own child, that child too of tender years, living under your immediate protection, and that your guilt is not that of a single violent act, arising from sudden

provocation, or justified by any thing which could have vindicated even a moderate correction, your guilt is of too aggravated a nature to receive any palliation. Your duty to your child was to have brought him up with tenderness and care, to have been the guardian of his infant years, to have moderately corrected him for his faults, and have been indulgent to his failings; to have supplied his wants, protected him from the injury of others, rendered his existence as comfortable as your circumstances would permit, and done every thing in your power to make him a happy and useful member of society. Your conduct has appeared to be directly the reverse of this; Instead of that tenderness, care and indulgence, which we all hope for from our great Creator and Ruler, and which our children have a right to expect from us, the whole of your conduct towards this unhappy child appears to have been a series of the most unexampled barbarity, terminating at length in a violent death, occasioned by the author of his existence. The affection of parents to their children is one of the strongest and most deep-rooted in the human heart; it is wisely planted there by our Creator, to render us the protectors of our children in their infant years, when they are too weak in body, and too inexperienced in mind, to take care of their conduct themselves: these natural affections have been totally effaced from your mind, and in place of them the most unexampled and inhuman cruelty has induced you continually to wreak, from time to time, all your malignant passions upon that infant whom it was your duty to protect. Happy has the unfortunate child been, who has been released from the cruelty of such a parent: miserable and wretched is your case, to have put an end, by a violent death, to that life, which you have before done in all in your power to render wretched!

Happy will it be for you in the end, if your own blood, together with the deepest remorse and repentance which the heart of man can feel, will be sufficient to relieve you from the load of that guilt which now hangs over your soul, and to procure you that pardon for your enormous and aggravated crimes, from your Creator and Judge hereafter, which the laws of your country must necessarily deny you here. It is therefore my duty to pronounce upon you that dreadful sentence, which your crimes have so justly deserved; which is, that you be taken from hence to the place from whence you came, and from thence to the place of execution, on Monday next; there to be hanged by the neck till you are dead, and your body to be afterwards dissected and anatomised , according to the statute; and the Lord have mercy upon your sinful soul.

(The prisoner was executed on the Monday morning following.)

Tried by the first Middlesex Jury before Mr. Justice NARES.

Reference Number: t17850406-2

416. JONATHAN WIGLEY was indicted for burglariously and feloniously breaking and entering the dwelling house of James Tollingbush , about the hour of eight in the night, on the 10th of March last, with intent his goods and chattels, in the said dwelling house then being, feloniously and burglariously to steal .

A second count, For breaking the dwelling house of Thomas Fasset , Mary Cox and Joseph Ruse , about the same hour, with the same intent.

The witnesses examined apart at the request of the prisoner.

THOMAS TEMPLEMAN sworn.

I am servant to Mr. Drummond, and I found a padlock hanging on the door, and the lock picked, and the prisoner up two pair of stairs, that was at the Yorkshire Grey, in Eagle-street, Red Lion Square ; I had the care of the house, I had locked it on the outside with a padlock, I am sure I locked it; I went out about eight, and returned within ten minutes; I went to get a pint of beer, nobody was in the house when I went out of it, and when I returned

the padlock hung open, on the door, and the door open.

Did your key afterwards go in it freely? - Yes, I found the prisoner on the second step, of the second floor, I seized him by the collar, and said if you have any thing about you, drop it, and surrender yourself, or else I will cut your head open, with this pin of iron, which I have in my hand, and he dropped a saw knife; I heard him throw up a sash in the front of the house, and endeavour to jump out of the window.

Court. Could you have got in that way? - No, it was so high he was affraid to jump out.

Had he taken any thing? - No.

Had he moved any thing out of its place? - Not to my knowledge.

Who actually lived in this house last? - One Tollingbush, I think the name was.

Did you sleep in the house? - Yes, I took care of it for Mr. Drummond.

How long had it been empty? - I believe pretty nigh two months.

Who does the house belong to? - To Mr. Fassett, the brewer.

Did he ever live in it? - No.

How long had you slept in the house, before it was broke open? - Three weeks.

What excuse did the prisoner make for getting into the house? - None at all.

Did you find any keys upon him? - No, only a saw knife, and a tinder box, and matches, and a dark lanthorn were found upon him.

JONATHAN PROSDER sworn.

About eight in the evening, I heard an alarm, I live next door but one; I came down, and run into the dining room, I heard a noise of a table clapping, and I immediately called out, and seized the prisoner, and brought him to the stair head, he had a large saw knife in his hand.

Court. Was the house furnished? - Yes, partly.

Who did the furniture belong to? - Mr. Fassett.

What do you call partly? - It was very common furniture, the house had been robbed before, there were two stock beds.

CHARLES COLLETT sworn.

I saw the prisoner drop the saw knife.

GEORGE MECHAM sworn.

I took the prisoner in custody, and this dark lanthorn, and matches, and tinder-box, were given to me by Collet.

PRISONER's DEFENCE.

I was going along at that time in the evening, and heard the alarm of stop thieves, I went up stairs following these people, and I thought I saw somebody going up two pair of stairs, and I said so, and they turned round and said they supposed I was the thief, and they took me.

What are you? - I am a carpenter.

Have you any friends here to speak for you? - I do not know if I have.

Have you worked in London? - Yes, my trial is come on so soon, that my friends are not here.

FRANCIS COLLINGTON sworn.

Mr. Drummond employed Templeman to take care of the Yorkshire Grey, he was put in possession, in order to take care of the goods by Mr. Drummond and Mr. Fassett together.

Were they joint owners of the house? - No, Sir, Mr. Fasset was the owner, and Mr. Drummond did the business for him; and therefore he was put in care of the goods; he appraised the goods for him at the time the person left the house, Fassett bought the goods.

Who was concerned with Fassett in this house? - There was one Mr. Ruse and Miss Cox, but I cannot tell what their Christian names are.

Mecham. I got the name from the house.

Do you of your own knowledge know that they are in partnership? - I had their three names from the brewhouse; they said they were the partners.

Who said so? - One of the clerks said so.

Are any of the clerks here? - No.

Court to Jury. There is no regular evidence before you whom the house belonged to.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-3

417. JOHN FOSTER was indicted for feloniously assaulting William Tubb on the King's highway on the 23d of March last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one watch, with the inside case made of gold, out-side case made of shagreen, value 8 l. one cornelian stone seal, value 6 d. a base metal key, value 1 d. and one hook, value 1 d. his property .

The witnesses examined apart at the request of Mr. Garrow, Prisoner's Council.

WILLIAM TUBB sworn.

On the 23d of March between three and four in the afternoon, I lost my watch in Pancrass street, near Tottenham Court Road ; I was going along that street, and just in the middle at the gateway, I saw several people there, I came across the gate-way, and I was hustled; I had my hand upon my watch pocket the moment I came up to the crowd, and in going to get past this gate-way my arm was flung up in the jostling, and I missed my watch.

Was there any particular hustling of you? - I was hustled as the rest of the people were in getting past the gate-way.

Were you any otherwise hustled than in passing through that crowd? - My arms were thrown up upon other mens shoulders, I cleared myself from them and came back again; I did not pass them; I missed my watch that moment, and the other witness jumped from the wall and said, I will shew you the man that has picked your pocket; I went back with him, and there was one man with red hair, and the other witness told me that the prisoner had taken my watch and given it to the man with red hair; I followed the prisoner and caught him, and another man came up to me and separated the prisoner and me; I got two cuts and a blow across the shoulders; I then caught him and delivered him to the constable.

Have you got your watch again? - No. You know nothing of the prisoner only what the other man told you? - No, only by his hustling.

Mr. Silvester Prisoner 's Council. This was the day when the balloon was going off with Count Zambeconi? - Yes.

The gate-way you talk of was the gateway where the people were endeavouring to get in to see the balloon? - Yes.

Many hundreds and thousands were there? - A great many.

They wanted to pass through? - I did not see any person wanted to pass through; I was passing the gate-way.

They pushed you in the crowd, is that what you mean by hustling? - Yes, Sir.

Then you to be sure was hustled, and you hustled the next to you? - Yes.

How many hundred might be there about? - A great many.

Was you laid hold of by any body? - Not particularly.

Was you touched by any body? - It was a different hustle to passing in a crowd.

Was you any more shoved than other people? - I believe there were six or seven that were shoved and lost their watches in the same manner.

Did not you shove some body else? - No.

Were not there people before you and on each side of you? - Yes.

You could not get past the gate-way? - No.

Was not this man examined? - Yes.

Was not he searched? - Not till some time afterwards, and then only very slightly; he was just slightly stroked down.

Was any thing found upon him? - Nothing at all.

Did not this man desire to go with the constable? - Yes.

You do not mean to say this man struck you? - No.

THOMAS GOODMAN sworn.

This day fortnight, I and my shop-mate went to see the balloon go off; I got into a crowd, and they shoved to hard I was glad to get out again, and I got upon a wall that was in Pancrass street, Tottenham-Court-Road; I turned my head, and I saw the prisoner at the bar and and several more; a tall man in a red coat who is at the door now, I saw him several times attempt to rob people of their watches; they served several so; I had no such thoughts, they looked like gentlemen, but several said their watches were gone; this red headed man which is at the door came plump up against the prosecutor; and I understood the prosecutor had lost his watch.

Court. Describe in what manner they came up against him? - The same as I may come up against another willfully.

Were they standing in the crowd? - Nobody could hardly stand there, but they certainly were in the crowd; the prosecutor came in and went in amongst them; and I saw this prisoner at the bar and the other that is outside the door come up from towards the fields, the lower part of Pancrass street; there was not any body near them for a foot or two; people might have stood very well if they had only been easy; I could discern so plain, that I saw the prisoner shove against the prosecutor, and other people where there was no occasion for it; I saw his hands round his waist; I did not see him take any thing; I jumped off the wall, and said to the prosecutor, are not you the man that is robbed? and he said yes; I said, come along with me and I will shew you the man that has robbed you, and then a man gave me a punch on the side of the lug; the other man was on the outside of the door when I came up I shewed him the red haired man first, and he was rescued away; then I shewed him this man, and he said, what me! and I said, aye you, directly.

What time did you shew him the man that had taken the watch? - I shewed him first the red haired man, and then this man.

Then you did not know at that time which of these men had taken the watch? - I did not, nor I cannot say now.

You did not tell Mr. Tubb which had taken the watch? - I said, I thought the red haired man had it.

Was any thing found upon him? - I was not present when he was searched.

Mr. Garrow another of the Prisoner's Council. Now, Master Goodman, pray who may you be? - I am a sawyer.

How long have you been a balloon hunter? - I saw the other, Mr. Lunardi's.

It is not the temper of an English mob to stand very quiet, they like to hustle, they wave to and fro, do not they, that is the way, is not it? - It is too much the way.

You was afraid? - I was not much afraid.

You did not feel yourself much at your ease? - No.

You was afraid they would take your watch perhaps? - No, I could not, I had no watch.

Then it was for the fun of the thing that they hustled you? - It was foolish fun too.

Why this wall was seven or eight feet high? - I was lifted up, they laid hold of my legs.

That is a sort of a horse, you are more used to, I take it for granted, than a fourlegged one? - No, I took notice of them I suppose for about half an hour.

I thought so? - You did not think any thing about it before.

PRISONER's DEFENCE.

I was there looking about the same as other people; I was thirty or forty yards from where this gate way is; there were a great crowd of people there, it was an open

place where a number of people went; the rails were all pulled down by the mob; the witness came and laid hold of a man with a red head of hair; I stood still, and he came then, and said, that is one in boots, and laid fast hold of me; says the prosecutor, Sir, I believe you have my watch? Sir, says I, I have not; says the other witness he is one of them.

The prisoner called five witnesses who all gave him a very good character.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850406-4

418. MARY BROOKS , (aged fourteen) was indicted for feloniously stealing, on the 19th of March last, ten yards of printed cotton, value 20 s. the property of John Mackey , in his shop .

JOHN TUCKER sworn.

I live with Mr. Mackey, a linen-draper in High Holborn , I lost my cloth on the 9th of March, about two or a little after; the prisoner came into the shop and asked for a gown; I shewed her two or three pieces; I searched for some more, and in the mean time I missed a piece of printed cotton off the counter; that was the third piece I shewed her; I went and acquainted my master, and he sent me for a constable, and the goods were found upon her.

Did she remain in the shop all the time? - Yes.

Voluntarily, or did you oblige her to stay? - My master amused her while I returned with the constable, and then the piece was found under her petticoats by the constable.

Mr. Peatt, Prisoner's Council. Was she in the same attitude that you left her in? - She had got away from the counter, I missed it from the counter.

EDWARD LUCAS sworn.

I am a constable of St. Giles's, I produce the cloth; Mr. Mackey sent for me, and I went down with a young man to the shop, and the prosecutor said he suspected the prisoner had something she should not have, so I rubbed her all down backwards, and down the side of her petticoats, and I found something stick out rather behind, so I put my hand up her petticoats, and took this out from between her thighs.

Prisoner. I have several people for me.

The prisoner called three witnesses to her character.

GUILTY. Of stealing to the value of 4 s. 10 d.

Jury. We wish to recommend her to mercy on account of her age.

Privately whipped and discharged.

Tried by the second Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-5

419. SARAH DAVIS , was indicted for feloniously stealing, on the 28th of March last, one pair of linen sheets, value 2 s. the property of Joseph Furder , being in a certain lodging room let by him to her, to be used by her with the said lodging room, against the statute .

JOSEPH FURDER sworn.

I live in Pye street , the prisoner lodged with me in the one pair of stairs; she took the room to herself; she hired it; I lost my sheets; I missed them a week after she had been in the lodging; she had not left the lodging; I asked her for the rent, the week was up, and she said she had no money; I went to look at the bed and the sheets was gone; she said she had pawned them; I bad her get them out; she went to get them out and ran away; she said she could not get them out without I would pay the money myself, I took her into custody.

Did you give her leave to pawn them? - No.

Did you know she had pawned them before' you missed them? - Yes, one of then other lodgers told me.

GEORGE TURNER sworn.

I took these sheets of the prisoner, I live in Stretton Ground, she brought them is her own property, one the 22d and the other the 24th of March; she pledged one for sixpence the other for eighteen-pence; she had used the shop about a month or six weeks; I never saw any thing amiss by her.

(The sheets deposed to.)

Prisoner. I was very ill and very much distressed; it was my intention to get them again.

What are you? - Any thing.

Have you any friends? - Not in London.

Have you any body to give you a character? - Nobody here at all; the prosecutor had the money of me to redeem the sheets, and then he kept it for his expences.

Prosecutor. I took it in part of rent, she was then committed, and I was bound to prosecute her; and some man came and gave me two shillings in part of the rent, which was three shillings.

Did the man mean to pay it you as rent? - Yes, he said he would pay it me for rent.

Prisoner. He took the money, and said, let us see what I can do for you; and when he had got it, he said, I will keep it for my expences.

Jury to Prosecutor. Did the man promise to pay you the rest of the rent? - Yes.

Did not he give you that two shillings, in order to shew the woman mercy? - He did not say any thing about that.

GUILTY Of stealing to the value of 10 d.

To be privately whipped and imprisoned one month.

Tried by the second Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-6

420. JAMES PRICE was indicted for feloniously stealing, on the 30th day of March last, one hundred pounds weight of lead, value 10 l. belonging to Abraham Adams , and then and there fixed to a certain building of the said Abraham, against the form of the statute .

JOHN ROBSON sworn.

This lead was stripped off from Mr. Adams's house in the Circus, near Portman-square , the back part of my house faces the back part of those buildings; my wife saw a man go into the buildings, and in about ten minutes after, I went and secreted myself in the buildings, I staid there an hour and better, when I heard them bring the lead from the outside of the house, and put it into the inside, I got up the chimney, and staid three quarters of an hour, the prisoner came past me with a load of lead on his head; I let him go past me, and followed him, and caught sight of him, and the witness Durham seeing a man with something on his head, stopped him, and threw the lead off his head, in the mean time I came up to him, and he was secured, there was near an hundred weight.

Do you know where that lead came from? - The next day we went and matched it to the buildings; it came off the dormer part of the roof, the garret window is on the roof; I am sure it fitted there.

What are you? - I am a carpenter, I have leave to work in the house.

PRISONER's DEFENCE.

I had been seeking for work; and coming by between seven and eight o'clock, I heard a great noise at the top of the house, I stopped to hear it, being so late in an empty house, I heard a man come and bring this lead down, and he put it at the door, and I took the lead upon my head, and I thought I would take it home and go to a constable, and have the men secured, and when this man took me, I told him there were the men upon the house, and he went himself to see, and he said the men were there when he went, but they went away while he was there, and took more lead with them.

Have you any body to speak for you? - Nobody but a woman.

What business are you? - I am a painter, I had my discharge out of the marines in the Chatham division.

The prisoner called one witness to his character.

GUILTY .

Whipped , and confined six months in the House of Correction .

Tried by the second Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-7

421. ANN FOWLES was indicted for feloniously stealing on the 11th day of March last, one silk and cotton gown, value 4 s. one cotton gown, value 10 s. one bed-gown, value 10 s. one stuff petticoat, value 5 s. one black silk cloak, value 20 s. one lawn frock, value 5 s. and one dimity skirt, value 2 s. the property of Elizabeth Hughes .

ELIZABETH HUGHES sworn.

I live in Old Gravel-lane ; I lost the things mentioned in the indictment on the 11th of March last, somebody broke into my room, I was out; I went out about half an hour past two, I did not return till half an hour past four; I locked my room, and when I came home the door was open, and a good many people in the room, and the thief was taken up.

RICE EVANS sworn.

About four in the afternoon, on the 11th of March, I went into the yard, it looked into the prosecutor's room, and I saw a person taking some things off the drawers; I gave intelligence, and I pursued her, and caught her, and brought her back, with the things in her apron, quite home to the room; the prisoner dropped the things in the room when she came back, and I gave the things to James Jones .

JAMES JONES sworn.

(Produces the things, which were deposed to.)

I was sent for to take charge of the prisoner.

- STODDART sworn.

I was in my room, and Mr. Evans came into my passage, and had hold of the prisoner, bringing her back towards his own home; I went to see what was the matter, and these things were laying at the prisoner's feet; when I saw them, I saw something in her lap, but I did not see them drop out of her apron.

PRISONER's DEFENCE.

I lodged along with the old woman that lives up stairs, and the prosecutor's door was open, and I went in and saw the things were gone, and I went to look for the prosecutrix, to tell her, and they came and took me.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-8

422. JOSEPH BROTHERHEAD was indicted for feloniously stealing on the 8th day of March last, one wooden cask, value 8 s. the property of Robert Harrison and Richard Munday , and one other wooden cask, value 6 s. the property of John Charrington and Harry Charrington .

HUGH HUGHES sworn.

I am a cooper; the prisoner worked journey-work with me at the time that he offered these staves to sell; which was about the 8th of March, he offered twenty-nine staves to me to sell; he brought them in a bag at two or three times; at last he brought the heads, and on one there was a mark of Munday, and on the other the mark of Charrington; then I told

him I would not have any concern with them, because I thought they were stolen; I desired him to take them away; he said he would, but he did not; I informed the prosecutors, and they came and claimed them.

Do you know whether the staves belonged to these heads? - The prisoner told me they did; he told me there were fourteen or fifteen.

Is that about the quantity? - Generally, but sometimes there are more and sometimes less; he said he bought them of a young man; he scratched the burnt marks out of the head of the casks, after they were brought to our house, as he told me.

(The head deposed to by Adam Hodgson .)

There is a particular mark besides the burnt mark, which was cut out; the mark of J. V. O. was left in plain.

Can you tell where this cask was taken from? - I cannot be sure; he told the Justice he found one in Little Britain, and the other in Cheapside; and he told the cooper he bought them of a young fellow.

JOHN CHEVET sworn.

I saw two heads belonging to a hogshead of John and Harry Charrington , I know the mark; we cannot keep any account of where the casks are.

PRISONER's DEFENCE.

Coming from work one night, I found one of them in Cheapside, and the other in Little Britain.

What in one night? - No, one about a week after the other; they lay in the kennel; between eight and nine.

Then how came you to say you had bought them of a young man? - I never said any such thing.

Have you any body to prove that you found them? - There were a great many people saw me pick them up.

Are any of them here? - Not that I know of.

Have you any friends here? - I expected a couple, I do not know whether they are come or not.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-9

423. ELIZABETH JONES was indicted for feloniously stealing on the 21st day of February , one silver table spoon, value 6 s. one tea spoon, value 12 d. one pair of linen sheets, value 5 s. and one table cloth, value 12 d. the property of James Holland .

JAMES HOLLAND sworn.

The prisoner lived with me a week, she came to me the 14th of February, I missed the sheets mentioned in the indictment, likewise a silver table spoon and a tea spoon, and a damask breakfast cloth; on the 25th, I took her in Penton-street, at the pawnbroker's, she was searched, and the spoons were found upon her; I saw them taken from her, here is my own cypher upon them, they have been in the possession of the constable ever since; the silver spoon had been broken and mended.

What did she say for herself? - She said the devil was in her, and she could not help it.

RICHARD BRADLEY sworn.

In the morning between seven and eight I missed the prisoner; I searched for the prisoner, and told my master; the constable found the things in her left handpocket.

Prisoner. I put them in my pocket, I did not design to make them away; I hope you will have some pity upon me, as I am

a strange girl; I have not a friend within two hundred miles.

GUILTY .

To be privately whipped , and confined six months in the House of Correction .

She was humbly recommended to mercy.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850406-10

424. JOHN JONES was indicted for feloniously stealing on the 2d day of April , one linen cloth, value 2 d. one linen shirt, value 12 d. one lawn stock, value 4 d. two shifts, value 18 d. two aprons, value 2 s. one corded silk waistcoat, value 4 s. and one child's cotton frock, value 2 s. the property of Richard Hill .

ELIZABETH HILL sworn.

The prisoner stopped me in the street on Saturday last, and took my bundle from me, in Church-street, St. Ann's , between eight and nine; I had it under my arm, the prisoner snatched it from me; he came on the other side of me, when I turned round he was five or six yards from me; I kept sight of him some way till a mob of people came in pursuit; I cried stop thief, and he was taken in Compton-street.

Was he ever out of your sight till he was taken? - Yes, when the mob of people came I could not see him for the throng of people.

Was the bundle found upon him? - Yes.

What became of the bundle afterwards? - It was brought to the watch-house.

- PEARCE sworn.

Between eight and nine I was going home on Saturday evening, and I saw the prisoner running; I first heard a cry of stop thief, I saw the prisoner turn the corner of Dean-street with this bundle under his arm; I pursued him immediately, and about the second door, as I pursued him, I saw him drop the bundle; I was as near to him when he threw it away as I am to your Lordship; I took him, and a man delivered me the bundle, and the prisoner was committed.

JAMES CAIN sworn.

On Saturday the 2d of April, about a quarter past eight, I heard the cry of stop thief, I looked back and saw the prisoner running; I pursued, I saw him drop the bundle, and in the very instant after he was seized and taken.

MARY HANINGTON sworn.

I saw the prisoner snatch the bundle out of the gentlewoman's hand, he run across the street, I cried out stop thief, he was immediately taken; I saw him taken, he never was out of my sight, he did not run many yards.

(The things produced and deposed to by Mrs. Hill.)

Court. Who do the things belong to? - To one Mr. Lefevre.

PRISONER's DEFENCE.

I was coming along and a man stopped me, and charged me with stealing a bundle, which I never did; I had no bundle under my arm.

GUILTY .

To be whipped and confined twelve months in the House of Correction .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850406-11

425. ALEXANDER WILKINSON was indicted for feloniously stealing, on the 4th of March last, four six-pences, value 2 s. and sixteen copper halfpence, value 8 d. the monies of John Lowe .

JOHN LOWE sworn.

On the 4th, about a quarter past eleven in the evening, I was collector of the toll at Pimlico gate , and at eleven o'clock I laid down, I put down four sixpences, and sixteen copper halfpence; the prisoner came in and asked if his ass was gone through, I told him no, he said he would leave his basket, and go back and look for his ass; he went a few paces, and turned back for his ass as I thought, and he turned back again and came in, I then thought of the money that lay there, I got up to look, and I missed it, and I detained the prisoner, I called the watchmen, and they came, I told them that I missed my money, and I suspected the prisoner; he was searched and there was money found about him, which I thought looked very much like my money, but I cannot be sworn to it; there was more money found about him than I had lost.

Had any body else been into the the toll house, after you had put down the money? - Not to my knowledge.

Had you fallen asleep? - I do not know, I believe I had not.

Can you say positively you had not? - No, I would not say positively.

Then you cannot swear that nobody else came in? - No, I cannot, as the door was open, I knew the prisoner before, by going through the gate most days.

Alderman Sanderson. Were there sixpences found upon him? - Yes.

How many? - Four.

Mr. Peatt, Prisoner's Counsel. It is usual for you to lay several hours on this couch? - It is for that purpose.

It is very usual for you to lay dosing on this couch, half asleep and half awake? - Yes.

In a total uncertainty of what passes? - Yes.

JOHN BIRDSEY sworn.

I was crying the hour; I heard somebody call watch; I went to the turnpike at Pimlico, and the prosecutor had hold of the prisoner, and gave me charge of him;

there were sixpences, and two groats in halfpence; he had it about him; I believe he had some in his shoes; he was not willing to be searched without a constable; he pulled his coat and his apron off: I pulled two sixpences and a shilling out of his breeches pocket: Mr. Low said he would swear to one of the sixpences in his waistcoat pocket; I took out ninepence halfpenny in halfpence, then I took two sixpences and one shilling out of his right shoe; and the prosecutor said he would swear to one of these sixpences.

Prosecutor. I cannot swear to money; there is one with a hole in it, very much like one that I took; but I take more of that sort.

Mr. Peatt. Sixpences with holes are very common? - I took two within the month.

EVAN WILLIAMS sworn.

I was called to the assistance of the prosecutor, I saw the prisoner searched, and one of the sixpences was a remarkable small one, and the other with a hole.

PRISONER's DEFENCE.

I know nothing of the affair; I had been out with my goods that day, and coming home I got rather drunk, and I did not know what I was about; I came to the turnpike gate, and I asked the man to let me leave these baskets there; I knew nothing of the money being in my shoe; I was in liquor; I took several shillings that day, and sixpences too.

The prisoner called five witnesses who gave him a very good character.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850406-12

426. HENRY SNELLING was indicted for feloniously stealing on the 20th day of October last, one surtoot coat, value 12 s. the property of Henry Cowley .

HENRY COWLEY sworn.

I lost a great coat about a year and a half ago, at one Mr. James Wetherby 's house; I lodged in the same house; the prisoner and I lodged in the same room about eight weeks; he went away from his lodgings, and the people of the house did not know; the coat was never found; it was upon the bed when I went out; the prisoner was a day-labouring man; he was taken in Tottenham-court-road; he said he had got nothing to pay me.

What did he say? - I said I should be glad to be satisfied for the great coat that he stole away; he said he could not make me amends for it, for he had sold the coat.

This is a very odd conversation you relate; had you lent him the great coat now upon your oath? - No, I did lend it him one day before.

Have not you lent it him at different times; - No, only one day or two.

Upon your oath would you have prosecuted him if he had paid you for the great coat, or returned it to you? - No.

EDWARD COWLEY sworn.

I found the prisoner in Tottenham-court road: I took him to Paddington, to my brother; the prisoner said, I know what you are come after, your brother's great coat; when we came to Paddington he was detained all night, and on the Monday morning he owned to me that he had sold the coat in Rosemary-lane for nine shillings and sixpence.

JOHN DOWDING sworn.

I met the prisoner with the coat on his back, between eleven and twelve, between Paddington and Kilbourn, near a year and a half ago; I knew the great coat, I have often seen the prosecutor wear it.

Had you ever seen the prisoner wear it before? - No, I saw it on his back the day he went away with it.

Did you say anything to him then? - I only asked him how he did.

Did he tell you where he was going to? - No.

Did you ask him? - No.

JAMES WETHERBY sworn.

The prisoner and the prosecutor lodged in my house; the man always paid me very honestly for my lodgings; but he was taken bad, and in the day time he took this coat away.

Did he quit the lodgings with your knowledge? - No, I did not know he was going.

Had he paid you? - There was a trifle he owed me, about a week or so.

Did you hear the prosecutor make any complaint about this great coat immediately after he went away? - He made a great fuss, he said he would prosecute him, if he could find him.

How long after was that? - It might be a fortnight.

When did he first complain of the loss? - He complained of it immediately.

PRISONER's DEFENCE.

I worked for that man, in the parish of Welsden, and I was taken very bad with the ague and fever, and many people recommended me to get into the hospital; my master that stands there said I was very welcome to wear his coat till I got the better of my illness; I desired my landlord's daughter when I came down, to tell my master I was going to the hospital; and told another person to tell my master I was in the hospital; I was in the hospital a month and two days; after I was ordered out, I met my master, Henry Cowley , in the Hay-market; I asked him to employ me; he said he was afraid he could not; but says he, Harry, I hope you will return me the coat; I said I would; I was taken ill again, and was bad fifteen weeks, and being poverty struck, I was obliged to pawn the coat; my master gave me a glass of liquor, there he is to witness it.

Court to Henry Cowley . Is this true? - No.

Will you swear that you did not know he was gone to the hospital? - Yes.

Did you never see him after he left Wetherby's? - I did see him, with the coat upon his back, and I thought I could have got it again.

How long after? - I suppose in the course of a week or ten days; I told him I wanted my coat; and he said he could not spare it.

Court to Jury. Gentlemen, you must acquit the prisoner.

Court to Prosecutor. How did you dare, upon your oath, before to tell me, that from the time he went away from Wetherby's you never saw him till a fortnight ago? - I said a fortnight afterwards.

Court. Did not you apply to a magistrate for a warrant, and he refused it? - Yes.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850406-13

427. GEORGE BARRINGTON was indicted for feloniously stealing on the 26th of February last, in the parish of St. Martin in the Fields , one watch, with the case made of gold, value 5 l. one watch chain, value 10 s. two stone seals set in gold, value 20 s. one base metal key, value 1 d. the property of John Bagshaw , Esq.

(The prisoner objected on his first arraignment to Mr. Bond, the foreman of the first Middlesex Jury, and was therefore arraigned and tried by the second Middlesex Jury, to none of which he objected.)

JOHN BAGSHAW , Esq; sworn.

I lost my watch on the 26th of February last, about a quarter of an hour or twenty minues after five in the evening, in the passage that leads to the pit, going into Drury-lane Theatre, in that passage which you enter from Russel-Court, and some yards from that particular part of it where the money is received, which is some yards from the pit door.

Be so good as to describe what happened to you there? - On the 26th of January last I went to Drury-lane Theatre, in company with another young Gentleman, in order to see Mrs Siddons, the play was Macbeth; we were under the necessity of stopping a few minutes till several persons that were before us had gained admittance; at this time there might be perhaps six, seven, or eight persons who each entered the pit passage, pretty near the same time that we did, or immediately after; I speak of them that were behind us; while we were waiting for those that were before us to gain admittance, I fancied I felt somebody at my breeches pocket, I immediately put my hand to my breeches pocket, and I found my watch was taken; on turning my head, the prisoner at the bar, whom the moment before I lost my watch, I had particularly taken notice of, as standing on the right side of me, rather a little behind me, not immediately in a line, was then standing with his back to me, endeavouring to make his way out through the persons that were collected together; I said nothing, but immediately followed him; as soon as we had cleared the persons who were behind us, excepting one person who stood by himself, and at about the distance of two or three yards from anybody else; I immediately laid hold of him, and said, Sir, you have got my watch; his answer was, have I, Sir, got your watch? I replied that he had; he immediately endeavoured to get away from me, at the same time holding out his hand as with an intention of offering something to that person who was at a very small distance from him, close by him almost at the time, but at the distance of two or three yards from any of the persons who were going into the pit; at this moment I heard something fall to the ground, and the breaking of glass; I immediately put my right hand to the ground, picked up my watch, and put it into my breeches pocket.

Court. From what part of the ground did you pick up your watch? - Pretty nearly in a line perpendicularly with his body; not quite, but rather perpendicular with his arm, as it appeared to me to be held out; as soon as I had recovered my watch, a scuffle immediately commenced between the prisoner, the person to whom he held out his hand, as if with intention to offer the watch, and myself.

What part did the other man take? - Barrington endeavoured to get from me, the other man pulled me back from him, the other man assisted Barrington, and took a more active part than Barrington himself; in the scuffle they threw me down to the ground; he was disengaged for a moment, I only tell on my side, and fortunately recovered myself instantaneously and followed him; he had not got above six or seven yards before the alarm was given, and some persons coming up he made no further resistance; I took him immediately to the public Office in Bow-street.

Mr. Silvester, Prisoner's Council. I understand, Sir, you are very short sighted? - I have that misfortune.

There were many people crowding? - There was no great crowd, there might be six, seven, or eight.

You do not mean to be particular? - I am not.

Who first told you the watch was there? - I was not told of it.

No one person then said to you here is a watch, and gave you the watch? - No.

You did not see it fall? - I did not see it fall, but I am positive it fell from the prisoner at the bar; and my reasons are, because the person who stood at three or four yards distance, whom I never saw before or since; the watch could not fall from him, because he did not leave the crowd at the time I followed the prisoner, and I followed him instantaneously as I found the watch was gone.

FRANCIS LAVALL sworn.

I heard the watch fall to the ground; I was with Mr. Bagshaw, I was next to him when he lost his watch; I observed a little before he missed his watch, a man pushed me very much, I came close to Mr. Bagshaw, and told him I saw a man who was

very much in a hurry to get in; the prisoner might be at the distance of three or four yards off.

Do you recollect his posture at the time he seized him? - I do not.

Was there anybody besides you that was near to him? - I did not observe anybody.

What became of the prisoner and Mr. Bagshaw after he had seized him? - Mr. Bagshaw accused the prisoner with having his watch, upon which I heard it fall; they might be removed from the place where he originally seized him before; I heard the watch fall, it fell upon the ground, Mr. Bagshaw picked it up and put it in his breeches pocket.

Can you tell who it fell from? - I cannot.

Did you observe where it fell? - I did not, but I heard the breaking of glass upon the ground.

Who were near you at the time that the watch fell? - I did not observe anybody near me at the time; I did not take notice.

Where was Barrington at the time your watch fell? - With Mr. Bagshaw, he had him in his possession, the watch fell nearly under Barrington.

Was there any other person near enough for it to have fallen from them? - I did not observe any near enough.

How many yards from the place where you stood when Mr. Bagshaw missed his watch was it that the watch fell? - Three or four yards, I should imagine they had gone back so far.

Was there no noise or disturbance about the watch before it fell? - There was a scuffle between Mr. Bagshaw and the prisoner, when he accused him of having his watch, he said, have I your watch, upon which I immediately heard the watch fall.

Mr. Silvester. Did not this alarm the attention of every body about; there was one person accusing another of taking a watch, did not they flock to see what it was about? - I think there were one or two people who instead of helping Mr. Bagshaw assisted the prisoner.

What was you about? - I was rather confused.

Then there might, but you did not observe them? - I do not believe there were any near enough to hear it.

You know there were several people behind him? - I did not observe anybody at all; Mr. Bagshaw was thrown down somehow or other.

That was before the watch fell? - No, after.

Where the watch fell from, or how it fell, you do not know? - I know no more than what I have said.

Court. Did you see the watch upon the ground? - I did not.

Which way did Mr. Bagshaw stand to pick it up? - I did not see.

Did you see him stoop to take it? - Yes.

Did he stoop towards the place where the prisoner stood, or from him? - He stooped forwards, Barrington was close by his side at that time, he had hold of him.

Did he stoop directly before him, or to the side were Barrington was, or to the other side? - Straight before him.

How near was anybody to him at the time he stooped, besides Barrington? - I did not observe anybody at that time.

Court. George Barrington , you are now to make your defence; what have you to say to this charge? - Prisoner. My Lord, I humbly beg leave that Mr. Bagshaw may be asked one question.

Court. What is it, Mr. Barrington? - Prisoner. He says that he saw my hand extended as if I was giving something to some person; did he see anything in my hand, or did he see me give anything? - I certainly saw nothing in the hand of the prisoner at the bar.

Prisoner. I should be glad also to ask him whether he saw me give anything, or saw me drop any thing, or whether he had any reason to suppose either by speaking, talking, or confederating, in any other respect according to the idea which he has endeavoured to insinuate to the Court, that I had an accomplice, or that there were any grounds to suppose any such thing?

Court. He has given, you observe, the reason for that; which was, that one person who was the nearest, but was at some distance, when you came to struggle, assisted you, and endeavoured to prevent him from taking you; he has given no other reasons for supposing you had accomplices but that; does any other question occur to you that may be material for your defence?

Prisoner. My Lord, I should be glad Mr. Bagshaw may be asked, whether he recollects any person saying, here is the watch upon the ground.

Court. He has answered that already; he says, no, that he himself heard the crash of glass, and stooped and picked it up, nobody said so to him.

Mr. Bagshaw. I did not hear a syllable of the kind.

Jury. What position was his hand in when he offered something, was it shut or open? - I cannot particularly answer that question, he had a great coat on, and held it in this kind of manner, at this distance, I cannot particularly say, but I think it seemed to be in this kind of manner, with the palm open downwards, I cannot positively answer that question.

PRISONER's DEFENCE.

May it please your Lordship and you Gentlemen of the Jury.

With humble submission I entreat your candid attention, and I trust the ears and hearts of all in this Honourable Court will be as open and ready to receive impressions in my favour, as they may be to admit those of a contrary nature. The evening in which this matter is stated to have happened I went to see the play, it was Macbeth, the house was filled early, and hearing it mentioned that there was no more room at that side, I was going to another part of the house, when I was accosted by the prosecutor, who said, Sir, you have got my watch. I told him I had not, and that he should be satisfied of it in any manner he chose. There were several persons present at the time. An altercation took place, during which a by-stander cried out, There is a watch on the ground. This was at some yards distance from him. The prosecutor ran, but whether he stooped himself, or it was given him by a by-stander, I cannot say; but he took it, and declared it to be his. It has been stated, that when he accused me, I extended my hand, as if I was offering something to some person; whether I did or not I cannot take upon me to say; but I trust that it will not be considered as an unnatural position for any person so accused, to extend his arm or hand. Perhaps it will be more reasonable to imagine, that an endeavour would be made to conceal them, if the accusation had been just; and I trust, Gentlemen of the Jury, that it will be worthy your most serious consideration, that while this circumstance is mentioned in order to criminate, the prosecutor has acknowledged, at the same time, that he saw nothing in my hand, saw me drop nothing, or give any thing to any person whatever. It has been stated, that during the altercation he received some violent treatment, and though he has acknowledged it did not proceed from me, yet an endeavour has been made to turn it to my disadvantage. I most humbly beg leave to observe, that in consequence of the alarm a croud came, and hearing such a charge made, and seeing two people disputing, both decently dressed, and much alike in heighth, and not immediately knowing which was the accused person, some, more violent than the rest, might have laid hold of him, as the others did of me, until they were satisfied which was the accuser. This I humbly conceive, and this alone, gave rise to the violence complained of; and though it has been laboured to impress the Court, with an idea that it proceeded from accomplices, yet I humbly hope, that, where there are no solid proofs to establish such an idea, it will not be received; and therefore that in this, as well as in every other circumstance of surmise or conjecture, it will be deemed as just and charitable to suppose for as to suppose against the prisoner; and I trust too, that the justice and

humanity of this Honourable Court will not allow that a man, though he may be unfortunate enough to have a blemished character, shall be made responsible for offences which others have committed, or that a surmise or supposition will be suffered to supply the place of clear convincing proofs. Whether those that have appeared on this occasion are of that kind or not, would be presumption in me to say; I humbly hope they are not. But I must beg leave. Gentlemen of the Jury, with all humility, to call your attention for a moment to another subject, which, though it has not, and ought not to have, any connection with the evidence, may, without much care, have weight in deciding my fate. It has been my misfortune to have suffered much from ill-natured report, and from wanton invention, at a time too, when I can truly say, that I had been using my best endeavours to merit commendation instead of reproach; and I thought to have had it in my power to have given convincing proofs of this to the Court, from a gentleman in whose employment I have been for some time, but who is now absent on his affairs in Ireland. Desirous of having his testimony, which I knew must be favourable to me, I thought to have requested of the Court, to defer my till the following sessions; but being told that the absence of witnesses which was character, was not in general deemed sufficiently material to defer a trial, I have omitted troubling them with the application. And although, under these circumstances of imprisonment and an impending trial, yet they have not secured me from the effects of inconsiderate wantonness. Circumstances have been related of me which never happened, and others have been cruelly exaggerated. I do not say this in order to excite your compassion, but to allay inflammation. Gentlemen, prejudice sees through a glass, which makes things appear quite different from what they really are; you best know, Gentlemen, whether, in consequence of any thing of that kind, your minds may have contracted a biass unfavourable to me. If, upon reflection, you think that they have, I am sure you will carefully examine your breasts; and if upon a cool and impartial consideration of the evidence alone, you think or doubt, that it is not of that perfect and substantial nature, which should induce you to find a verdict against any other person, I am sure you will not against me, since you must be fully sensible, that in such a case it would be a conviction from prejudice, and not from evidence. But, Gentlemen, I have an implicit confidence in your goodness; and I trust you will not only lay aside all passion and prejudice yourselves, but that you will be pleased to make a candid allowance for the effects of it in others; and that you will proceed with that cautious and tender regard, which good men feel when the fate of a fellow-creature is depending, and which will insure satisfaction to your minds, when words cannot be recalled, and when the power of prejudice is no more."

Mr. Baron Eyre summed up the evidence to the Jury, and then added:

Gentlemen, this is evidence in its nature circumstantial; the circumstances that go to impute the charge of stealing this watch to the prisoner are, that according to Mr. Bagshaw, he was immediately next behind him, or rather at the moment he felt his watch, standing on his right side; that the prisoner's position was shifted the moment he found his watch gone, and the prisoner was making his way out; that he followed him beyond five or six persons that were nearest behind, and when he got out from them, and there was only one person standing near him, and he at two or three yards distance, after the prisoner had been seen holding out his hand, the watch did fall to the ground from somebody; nearly in a perpendicular line from the prisoner's arm, as it was stre tched out: these are circumstances that are of a nature first of all to render it probable, from the situation that the prisoner stood in at the time it was missed, that he might take the watch, and that render it somewhat more than probable from the situations, that the watch must have fallen from the prisoner, and could have fallen from nobody else; that is the nature

of the evidence, and if the circumstances are sufficient to satisfy you, that the watch could have fallen from nobody but the prisoner, then that is equal undoubtedly to direct proof that the watch did fall from the prisoner: the prisoner has made a defence, which nobody could hear without lamenting, that a man possessed of such talents, should have the misfortune to stand accused of a crime of this nature, or to have a character in any degree blemished, that should prevent such talents from being exerted to his own advantage, and the advantage of the public; for certainly those talents might have placed him in a very different situation indeed, from that in which he stands now, it might have intitled him to the respect and the regard of the public, instead of being a person accused of an offence of this nature: what impression that defence will make is quite another consideration; the ability is one thing, and the application of it, to answer this charge, another thing; the first point was to excuse his retiring after the watch was missed, which as he alledges, was, because he understood the pit was full, there is no evidence one way or the other about that; with respect to the rest of the defence, it goes to contradict the evidence that the watch did fall to the ground; now from Mr. Bagshaw's evidence, the watch did certainly fall to the ground immediately within his hearing, and almost close to him, which is the very point of the case; because if the watch had been found on the ground when they came out, and nobody could say that it had fallen from any body, it would stand quite an uncertain thing how it came there: and there would be nothing to impute to the prisoner respecting it; but if it did fall so as to make it most probable that it did fall from him, after he had been challenged with having the watch, and after he had held out his hand in that manner, which occasioned the observation you have heard, of that you will judge: as to the rest of the defence, it seems to be an application to your humanity; you will undoubtedly feel yourselves disposed to wish, that a man who could make such a speech to you, was innocent of this and every other crime; but with those wishes about you, you will still examine the evidence with a proper attention, and due investigation of the circumstances of this charge; the circumstances against him are, that he was near the prosecutor when the watch was missed, that he shifted his posture in a moment, that he was then retiring from the play-house, where his business was to have gone in, without establishing the fact to you that the pit was full, and after that, at that moment the watch falls from somebody; you will be to say whether these circumstances satisfy you that the watch fell from him, if they do, they certainly amount to a clear and convincing evidence that he is guilty of the fact; if, upon a due consideration of the case, it appears to you that it is not sufficiently authenticated that the watch was in his possession by falling from him, and that the circumstances of the case, though justifying a general suspicion against him, are not sufficient to convince you that he was the person concerned in stealing this watch, then you will acquit him; and if you do acquit him, I hope, that a man possessed of such talents as he is possessed of, and having, as he says, friends which may assist him, and by which those talents may be made of advantage; that he will turn them to that advantage, and will make a good use of them; and that this will be the last time that we shall see him in this place.

The Jury conferred a few minutes, and gave a verdict,

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-14

431. JAMES JONES was indicted for burglariously and feloniously breaking and entering the dwelling house of the Honourable William Harcourt , about the hour of

three in the night, on the 26th of March last, and burglariously stealing therein two livery cloth great coats, value 10 s. a cotton waistcoat, value 5 s. a pair of leather breeches, value 10 s. one pair of man's leather boots, value 10 s. his property; and two shirts, value 5 s. two neckcloths, value 2 s. one linen night-cap, value 6 d. two pair of worsted stockings, value 2 s. one pair of gloves, value 1 s. 6 d. a hat, value 3 s. one pair of shoes, value 2 s. one handkerchief, value 6 d. a pair of steel nutcrackers, value 3 d. a leather whip with a whalebone handle, value 12 d. one printed bound song book, entitled the Mask, value 12 d. the property of Jonathan Spence ; and three linen shirts, value 6 s. a pair of stockings, value 18 d. one neckcloth, value 6 d. and one handkerchief, value 3 d. the property of William Brach .

JONATHAN SPENCE sworn.

I am servant to General Harcourt , in Portland Place ; the hay-loft door was broke open, and the door where the clothes were had the pannel cut out; I discovered it about half past three; I went up into the room, and the watchman with me; the hay-loft door was fast with the bolts on the inside, I imagine it had been broke open with a fork which I found broke in the hay-loft; the bolt was broke off by force, the clothes were in the bed chamber; the laundry is over the stable, and the bedchamber nearer the house, but on the same floor with the hay-loft, over the stables; we chiefly sleep in doors, but when we are full of company we sleep there: there was no bed there, nothing but clothes and chests. I lost a family great coat, and new boots and buckskin breeches belonging to the General; they were livery clothes; there were two new shirts, and a pair of new gloves; I lost the things mentioned in the indictment; the hat is here: my fellow servant lost three new shirts, he is here; my things were lost out of my own chest, which was broke open, and is all to pieces; I secured the loft over night, as secure as I could.

How came the prisoner to be there? - He had helped me a few days before, it happened he slept where the hay was, there was no clothes where he was, nor any thing there, and he could not get out of that without breaking all open.

How did he get to the place where the hay was? - I went up and fastened him in about eleven at night; I fastened him in with the bolts that were within side, it was an inside door that he broke.

JOHN FACEY sworn.

I am a watchman; I catched young Jones with the property upon him, between three and four in the morning, on the 26th of March, I found those things mentioned in the indictment; he had a bundle and this whip; he was going towards Cavendish-street, I found him in Chandos-street, Mary-le-bon, that was about one hundred yards from Portland Place, I stopped him and the bundle, this is the bundle that he had, and he had coats and boots besides this bundle; one coat he had on, the other under his arm, the boots were in the bundle, this is the coat he had on.

Spence. Here is my name on the coat, it is the General's family coat, given to me; I left it in my own room where all our linen and clothes lay; the other coat belongs to the postilion, William Brack ; the boots belong to the General, they are my boots, he gives them to me.

(The things in the bundle deposed to by Spence.)

And I know my fellow servants things as well as I know my own; we have been fellow servants these two years.

PRISONER's DEFENCE.

The coachman told me the night before he was going to Bath, and I did not know what to do, I was out of place; I thought to go down in the country, I have neither father nor mother.

Court. How came you by all these goods? - I was going to take them with me.

Court to Spence. How long had this fellow been about your stables? - He had been

about a fortnight in the Mews, he drew beer at a public house just by.

Prisoner. A gentleman in Gray's-Inn-lane, whom I lived with two years, promised to be here.

(Called, but nobody answered.)

Jury. We wish to know whether we can bring it under a capital crime.

Court. If you are of opinion the door was not bolted, it would only be larceny; if the door was bolted, it will be a burglary.

GUILTY , Death .

He was humbly recommended to mercy by the Jury.

Tried by the first Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-15

432. STEPHEN LANGDON was indicted for feloniously stealing on the 19th day of March last ten guineas, value 10 l. 10 s. and one half guinea, value 10 s. 6 d. the property of Thomas Johnson , in the dwelling house of Edward Roakley .

THOMAS JOHNSON sworn.

I lodged in Queen-street, St. Ann's , in the house of Edward Roakley ; I was desired by an acquaintance to let the prisoner be with me in my lodgings, as he was out of place, till he could get a place: on the 14th of March he came to me to lodge; he went out very soon on Palm Sunday, between five and six; when I came home from my duty I went to church, and when I returned, I had occasion to go to my box; I had not been there that morning, I found my box locked; I had my money on Saturday in the afternoon, and my money was tied up in a cloth, ten whole guineas, and an half guinea; the room was double locked and padlocked, as I left it; when I missed my money, I enquired after the prisoner, and found he lodged in Whitcomb-street, I had diligently made enquiry, and I found a handsome new trunk, with his name upon it; accordingly on Monday the 21st, about eleven o'clock in the forenoon, Atkins, where he lodged, stopped the prisoner, and sent to me: the prisoner denied taking any property; he was searched all over, and in his shoes were found five guineas, two in one shoe and three in the other; one guinea was marked, and the half guinea was marked; the guinea was refused to be taken, for I went to have it changed because it was lightish, and I marked it by taking it in my fingers and striking it pretty quick on a rough whetstone, on the milling edge of the guinea; I should know it if ever it was offered to be changed; and the half guinea I marked with one prong of a fork for the same reason as the guinea; I told John Taylor the constable so, and another person at the office, before he was searched; when we found the marked money upon him, then he acknowledged he had taken it out of my box.

Court. Did you make him any promises before he would confess? - None at all, I am sure of that; he said he took it out of my box with a key: I went upon my duty at night upon the watch, and I locked him in every night.

What did he say? - He said he had taken it, he made some kind of apology when before the Justice, he signified that he was in distress; he had bought new cloaths, a new coat, waistcoat, and breeches, and stockings and handkerchief; he said he had laid out three pounds six shillings in these things, and had spent about two pounds four shillings and six-pence on Sunday in pleasuring, or some other amusement, and the remainder he had; he was committed.

JOHN TAYLOR sworn.

Here are the clothes which he owned, and in his shoes I found five guineas, two in one shoe, and three in another, and one guinea the prosecutor said he could swear to, which was found upon him; I have had it in my possession ever since; he said there was no more money, he had laid out the rest.

(The guinea produced and deposed to.)

Court to Prosecutor. What sort of mark did it make? - It made a little sort of a bulge over the milling; this is the guinea.

Are you sure that is the guinea? - Yes.

Are you clear in that? - Yes.

Quite clear? - Yes.

PRISONER's DEFENCE.

I never saw any money belonging to him, it is all my own; I never saw his box, or had the handling of his money.

GUILTY , Death .

The prisoner was humbly recommended by the Jury to his Majesty's mercy.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850406-16

433. MARY CLARK was indicted for feloniously stealing, on the 13th day of March last, one silver watch, value 50 s. one steel chain, value 6 d. one compass seal set in base metal, value 2 s. and one key, value 1 d. the property of William Lunnagan , privily from his person .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850406-17

434. JOSEPH MANNING was indicted for feloniously stealing on the 14th day of March last, one pair of woollen blankets, value 5 s. the property of Thomas Shaw , being in a certain lodging in the dwelling-house of the said Thomas, let by contract by him to the said Joseph, and to be used by him with the said lodging, against the statute .

THOMAS SHAW sworn.

The prisoner lodged in my house one night, and the next morning about eight o'clock, I was alarmed about a man coming out with a blanket, I immediately ran after him, I saw it under his arm; I cried out stop thief, and ran as hard as ever I could; he ran across Drury-lane, and turned up a court, and dropped the blankets; I did not see him drop them: he was brought back.

SARAH HILL sworn.

I live in the same court with Shaw, and between eight and nine I was looking out of my window, and I saw the prisoner come out of the prosecutor's house, with one blanket with the corner of it hanging out of his coat; I said, Master, you had better leave that blanket behind you: I have no doubt of its being the prisoner.

SARAH WALLIS sworn.

The prisoner is the same man I lighted to bed the night before; the blankets were on the bed the night before; these are the same blankets.

PRISONER's DEFENCE.

I know nothing of the blankets; it is a house of ill same, and they let lodgings at two-pence or three-pence a night; there were four more people in the same room; I came down in the morning about nine, and left another person in the room; I am a stranger, I came from Colchester.

GUILTY .

To be whipped and confined to hard labour six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850406-18

435. JOHN HILL was indicted for feloniously stealing, on the 16th day of March last, two linen shirts, value 10 s. and two aprons, value 3 s. the property of Catherine Shayler .

The Prisoner was seen taking the things which were hung to dry, and was stopped directly with them under his arm.

GUILTY .

Whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850406-19

436. ELIZABETH STUBBS was indicted for feloniously stealing on the 5th day of March last, one watch made of silver, with the outside case covered with shagreen, value 42 s. one steel chain, value 6 d. one key, value 2 d. one brass seal, value 2 d. the property of James Biggs , in his dwelling house .

The witnesses examined apart at the request of the prisoner.

SARAH BIGGS sworn.

I am wife of James Biggs ; I went out and left my door not locked, about five in the afternoon; nobody was at home but the lodgers; the prisoner lived in one of my rooms, and Elizabeth Evans in the other: the prisoner was at home when I went out; I left the watch hanging on the mantle piece; I returned in about ten minutes, and missed the watch; I left the other lodger in care of the door, I told her the watch hung up: the prisoner was not at home when I came in: the watch was found at the pawnbroker's, by Mary Dilnot .

ELIZABETH EVANS sworn.

I was left in care of the watch by the prosecutor's wife, and I shut the street door, and I went into my own apartment; and presently I found the outside door had been opened on the inside, it could not be opened but from the inside; I heard or saw nobody; I stopped the watch afterwards in the Minories.

MARY DILNOT sworn.

I was coming by, and the prosecutor's wife was crying out about her watch, and she asked me to go to see for it; and I went and found the prisoner at a pawnbroker's pawning the watch; I knew the watch, I had several times seen it: the prisoner said nothing; and the pawnbroker in the prisoner's presence said, she brought the watch there; she said nothing; and he gave her the watch, and she took it, and gave it to Mrs. Biggs.

(The watch produced and deposed to.)

PRISONER's DEFENCE.

The prosecutor's wife gave me this watch to pledge: the pawnbroker I believe is here.

( William Windsor , the pawnbroker, was called on his subpoena, but did not appear.)

Prisoner. I subpoened him this morning.

Court to Mary Dilnot . Did any such thing pass at the pawnbroker's, as the prisoner has said? - No it did not, I am sure of that.

Court. Though the pawnbroker is not here, if any such thing passed in his presence, he can prove it hereafter? - No such thing passed.

Court to Mrs. Biggs. Did you ever desire her to pledge this watch? - No.

Did you ever tell the pawnbroker that you had desired her to pledge it? - No, he asked me if I knew that watch; I told him I could swear to it.

The prisoner called three witnesses, who gave her a good character.

Prisoner. When Mr. Biggs came home, he said they had done it very clever, and if they stuck to what they had done, they would get forty pounds, or a Tyburn ticket.

NOT GUILTY .

N B. Upon the prosecutor applying for his expences, the Court informed him, that if he brought the pawnbroker, and he disproved the prisoner's assertions, he should have his expences: but if what the prisoner

said was true, and the poor woman could afford to prosecute him, she should have a copy of her indictment granted by the Court.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850406-20

437. JEREMIAH LEONARD was indicted for feloniously stealing, on the 20th of February last, one wooden half hogshead cask, value 5 s. the property of Charles Page .

GUILTY Of stealing to the value of 10 d.

Privately whipped .

Tried by the second Middlesex Jury before Mr. Justice NARES.

Reference Number: t17850406-21

438. JOHN COX was indicted for feloniously stealing on the 11th of March , 140 lb. weight of lead, value 10 s. belonging to John and Jacob James , and affixed to a certain building of theirs, called a warehouse, against the statute .

The prisoner was taken in the house, with the lead upon him.

GUILTY .

Whipped and confined twelve months in the House of Correction .

Tried by the second Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-22

439. RICHARD CLARKE was indicted for burglariously and feloniously breaking and entering the dwelling house of William Dermer , about the hour of eight in the night, on the 8th of March last, and burglariously stealing therein one ma hogany ring case, value 12 d. six gold rings, value 30 s. his property .

Mrs. DERMER sworn.

I am wife of William Dermer , in the Strand , jeweller ; I cannot say when we lost our rings, it was of a Tuesday, on the 8th of last month, between seven and eight in the evening: I was called out, I found the window broke, and these rings about the door; they were in this case in the window.

CHARLES LANGSTON sworn.

On Tuesday the 8th of March, I was called on, by a friend of mine, who informed me the prosecutor's window was in danger; I stepped over the way, and I had not been there above a minute or two, before I observed the prisoner struck his arm through the glass of the shop window; I saw him take something out of the window; I immediately collared him, and took him within three doors of the place; there was another man standing near; I took the prisoner, and carried him to the prosecutor's shop; but before I took him, two others had joined him; I did not find the rings.

Court. Did it appear to you that he broke the window wilfully? - Yes, Sir, he placed himself there on purpose.

THOMAS ARNETT sworn.

I was coming along the Strand, going into the city; I saw four men about the door, and I informed Mr. Langston, and I desired him to cross the way, and I would go on the other side; as soon as he crossed the way the window smashed; but I did not see that; I helped him to secure the prisoner.

Are you sure you saw the prisoner at the window? - No, Sir, I am not sure.

Prisoner. When I was examined at the Justice's, he said I was round the window.

Court. Can you say he is not one of the four men? - I cannot.

Mrs. Dermer. I found the rings at the door, directly after the alarm; the case was found by a woman stranger, in a line just by; she is not here; it was brought directly.

How many rings did you find loose? - Thirteen.

Are they gold rings? - Yes; and one silver buckle.

Are you able to swear to any of these rings? - Yes, I can swear to them all.

Is there any mark upon them? - No.

If they had been found any where else could you have sworn to them? - No.

Then you only judge from the circumstances that they must have been yours? - Yes; the buckle I can swear to.

Mr. Langston. I forgot to mention to the Court that the man's hand bled when I brought him into the shop.

PRISONER's DEFENCE.

I was going to my aunt's, in the Strand, and that gentleman came up, and there was a bustle, and he said I was one; I said, I will go in with you.

How came your hand bleeding? - This button broke off my breeches, and there was a pin in it; but there was no cut in my hand, it was a scratch; here is my hand now.

What way of life have you been in? - I am a shoemaker.

How old are you? - Twenty three.

Have you been working lately in your business? - My master died before I was out of my time; I work for myself translating; I have not a witness in the world; I have been a soldier in the Middlesex Militia three years.

If you had behaved well in that capacity I am sure your officer would have appeared for you? - I did behave well indeed, Captain Taylor is my Captain, in the Westminster Middlesex Militia.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-23

440. THOMAS SCOTT was indicted for feloniously assaulting William Thompson , on the King's highway, on the 3d of April , and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one silver watch, value 30 s. one seal, value 1 s. one chain, value 3 d. one key, value 1 d. one shilling, value 12 d. and two six-pences, value 12 d. his property .

WILLIAM THOMPSON sworn.

I was robbed last Sunday evening, between nine and ten, in the New-road , near St. George's turnpike, three men met me, one held me, while two others rifled my pockets; I said, do not use me ill, I have not much money in my pocket, I will not make a noise; one of them said, damn his eyes, give him a topper at once; they took my watch, one shilling, and two sixpences, and a few halfpence, about three or four pennyworth; the one that held me gave me a shove, and said, go along; they went about twenty or thirty yards, and some people were coming along, and I cried out, stop thief; they were followed, I kept about the distance of between fifty and sixty yards, for fear they should shoot me; and I heard John Nightingale say, damn him, I have got him fast; I then went up, and saw the scuffle: the prisoner was one of the men, and Nightingale took the property from him.

JOHN NIGHTINGALE sworn.

I was coming from Mile-End, between nine and ten, I heard the cry of stop thief, stop thief! two or three times, in about half a minute two men came in sight of me; I let them pass me, they gently passed me, I did not think they were the persons; but I said to the person that was with me, perhaps these are the men that have done the robbery, and I turned round to take them, and they ran as hard as they could, and I run after them, and caught one of the men in about twenty yards, that was the prisoner; I found no fire arms about him, but clenched in his hand was the watch and chain, one shilling and two sixpences; I opened his hand, and out tumbled the

watch; I delivered the watch, and the money to the officer of the night.

NATHAN NATHANS sworn.

I was with the last witness between nine and ten going down the new road, I heard the cry of stop thief! or stop them, I cannot tell which, I saw three men going gently, I had no suspicion of them then, as soon as I turned round to them, says the prisoner, you dog, if you look at me, or offer to stop me, I will blow your brains out; I run after him, and hit him three or four times with a stick, and I knocked him down, I saw the watch drop from him.

JOHN THOMAS sworn.

I produce these things, I have had them ever since. (The things deposed to.) The seal is a ship in full sail.

PRISONER's DEFENCE.

I was coming up the road, and they came and took me.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850406-24

441. MARY BUTLER was indicted for feloniously stealing, on the 27th of February last, twenty yards of corderoy cloth, value 40 s. seven yards of silk shag, value 3 l. seven yards of hair shag, value 40 s. four yards of velveret, value 20 s. two worsted waistcoat pieces, value 10 s. the property of Patrick Kenny in his dwelling house .

PATRICK KENNY sworn.

I went out about three to a funeral, I left my wife at home, she was going out; I came home about ten, and the next morning I found my shop had been robbed, the lock leading from the stairs to the shop appeared to be picked; I missed out of my shop the things mentioned in the indictment, some of the things were found again, here is what I found, here are gentlemen that found them, I found these things in St. Martin's-lane; I had three tickets from the prisoner, she gave them to me, she went down stairs for them, there were a great many more that were found under my stair head in the kitchen, but that ticket was delivered to me; I spoke to her in the shop, and said, you have more tickets about you, be so kind as to let me have them, she said, it was not her that took them, she had a confederate, whose name was Harry Coffee , and if I would give her a little indulgence she would find him, she then said, she would soon shew me where she had pawned these things.

Did you make her any promises, if she would confess the truth? - I told her so far, that if she would find out this man, I would give her a little indulgence.

Prisoner. When you made it up with me, you told me you would not hurt me.

Court. Did you before she produced the tickets, promise her forgiveness? - I did not, that was not till the tickets were brought.

SAMUEL RENSHAW sworn.

I am a pawnbroker, here are four yards of velveret, Mr. Kenny calls honey-comb cotton, I call it corderoy, and Mr. Kenny has called it so in the indictment; the prisoner pledged it with me on the 3d of March, I did not know her before, I am sure it was the prisoner, I am sure it is the same, she pledged it with me, I put a ticket on it directly. (The corderoy deposed to.) This mark was found under her bed, which was taken from my shop the prisoner went with me, and I will swear to this mark, that is 159, this is the hair shag, she went for these things.

RICHARD BROWN sworn.

I produce two waistcoats, I cannot swear to the person that brought them.

JOHN WATTS sworn.

I have some shag, I cannot tell who pawned it.

WILLIAM ROBERTSON sworn.

I have two waistcoat patterns, I had them of the prisoner, I am sure of that, it was the 28th of February.

Prosecutor. I cannot depose to these, but I believe them to be mine, there are the same cut and sort that I lost.

Court to Renshaw. In what name was the first piece pawned by the prisoner? - In the name of Sally Pearce .

Robertson. She pawned the waistcoats in the name of Nancy Murphy .

THOMAS BROWN sworn.

Here is some more corderoy, I believe it was the prisoner, it was in the name of Margaret Carn .

PRISONER's DEFENCE.

I took lodgings in the prosecutor's house at six shillings a week, and a man came to me and gave me these things to pawn, I did not know they were Mr. Kenny's, I came down to pay my rent, and the ticket fell from my pocket, and Mrs. Kenny picked it up, she came to my room, and asked me if I had not pawned some of that pattern, I told her I did, and more, and if the things belonged to her I was willing to give her the duplicates, accordingly the boy went with me, I had fourteen shillings and sixpence in my pocket, I redeemed those things upon promise that they would not hurt me, I had them from a young man in the street.

Who is that young man? - His name he told me was George Coffee .

Was not he an acquaintance? - A very slight acquaintance.

Do you know what is become of him? - I do not know indeed.

Have you any witnesses? - Yes.

The prisoner called two witnesses who gave her a good character.

Court to Prosecutor. What may the value of these things be? - I suppose about six or seven pounds.

GUILTY Of stealing to the value of 39 s.

To be privately whipped and confined to hard labour twelve months in the House of Correction .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850406-25

428. JAMES HAYWARD was indicted for burglariously and feloniously breaking and entering the dwelling house of John Weale , about the hour of nine in the night, on the 17th of March last, and feloniously stealing therein, one silver pap spoon, value 4 s. four silver table spoons, value 30 s. two silver salts, value 10 s. a silver punch ladle, value 5 s. six silver tea spoons, value 6 s. a pair of silver tea tongs, value 3 s. one silver shoe buckle, value 3 s. one man's cloth great coat, value 2 s. three men's cloth coats, value 3 l. three cloth waistcoats, value 8 s. two dimity waistcoats, value 6 s. one silk waistcoat, value 3 s. three flannel waistcoats, value 3 s. one pair of cloth breeches, value 8 s. one pair of velveret breeches, value 4 s. three women's silk gowns, value 3 l. two cotton gowns, value 20 s. a black bombazeen gown and petticoat, value 20 s. a pair of stays, value 15 s. a marcella petticoat, value 5 s. a dimity petticoat, value 5 s. six aprons, value 6 s. four table cloths, value 4 s. six handkerchiefs, value 3 s. the property of the said John.

(The witnesses examined apart at the request of the prisoner.)

HENRY NEALE sworn.

On the 17th of March last, about nine in the evening, I was out and my wife and daughter, I went a little before eight; I left my apprentice at home, whose name is Henry Hill, I left nobody else at home,

my wife was gone out before me; when I returned a little before ten, I found the apprentice at home, and several other people in the house, the house was all in an uproar, and I found the marks of something by which the house had been broke open; when I went out I locked the parlour door and left the boy in the kitchen, there is no street door, we live in the inn-yard, the Red-Lion and Spread-Eagle.

What sort of dwelling-house is your's then? - A dwelling in the middle of the yard, there is an outer door at the bottom of the stairs, in the yard, which we generally leave open, nobody else lives in the same stair case; I left the boy in the kitchen with the door open, the parlour is within the kitchen, I was sent for home, and the prisoner was in custody, and I missed four tea spoons, and a silver buckle, and some handkerchiefs, and a handle of a spoon which was taken on the prisoner, the clothes were all thrown about, we collected them together, and made an inventory of them.

Court. Had you no reason to suspect that the boy was an accomplice? - I suspected him at first, but he finding the people in the house, and giving the alarm, it cleared the boy.

HENRY HILL sworn.

It was the 17th of last March, that my master went out, I went down to the public house as usual, and staid there about three quarters of an hour; I went out about a quarter of an hour after, and I locked the door as usual, and hung the key upon the window in my little room where I lay, in the usual place; my master knew where to find it; the bell was going eight when I went down stairs, I was out about a quarter of an hour, then I went up stairs to see if the fire was alight and put on some coals, then I came down stairs again and locked the door, all was safe, and about three quarters of an hour after, the hostler came into the house, and asked me to lend him a pen and ink, I went up stairs for a pen and ink, and the key was in the place, but when I put it in the kitchen door, the door flew open, this was wanting a quarter to nine, I found the door was only shut too, when the door flew open, I catched it in my hand, and then I saw the prisoner and another man in the parlour which is directly fronting the kitchen, and they directly put out the light which they had, and I run down and called out thieves, the hostler was waiting at the bottom of the stairs for pen and ink, and stood there with a fork in his hand, till I went into the public house to give the alarm, the people came, and as we were coming up the yard again, one jumped out of the back window, the garden pots fell down and that made us hear him, when I went up again, I found nobody in the in the room, he that jumped out of the window got away, and then we shut the gates and this man came running crying stop thief! where are they, and one of the post-boys whose name is Job Lee, came running crying stop him; the prisoner was running up the yard towards the back way to get out, the hostler's name who stood at the foot of the stairs, was William Chandler , he was then up at the back gate along with me running after the other, and when the prisoner came up to the gate he wanted to go out, and we would not let him; the prisoner was stopped, and taken and as soon as ever we laid hold of him, he put his hands into his waistcoat pockets, and took out the bowl of a pap spoon and dropped it, I saw him drop it, and I took it up directly; nothing else was found upon him that I saw, the kitchen door appeared to have been broke open, the lock was bent almost double, it looked as it had been forced the parlour door was wide open, and the box that the screws go into, one end of it the screws forced off.

Prisoner. He said before the Justice the first night, that he did not know who it was he saw in the room? - I am sure it was him by the sight of him, he had a brown coat on, and a pair of boots, and a cocked hat, he was as far off as I am from

you or rather farther he had a light in his hand, and when he put out the light his face was towards me.

Prisoner. When I was first taken, he never offered to mention this.

Prisoner to witness. Which pocket did I take it out of? - You put both hands together and took it out.

JOB LEE sworn.

I am post-boy at this inn, I was just come in with a carriage, and as I was taking the pole out, I saw the prisoner jump out of the window of the prosecutor's kitchen, into the yard.

Court. You are sure you saw him jump out? - Yes.

Did you ever lose sight of him before he was taken? - No.

Are you clear of that? - Yes.

Did you see any thing found upon him? - No, I did not.

WILLIAM CHANDLER sworn.

I am the hostler of this inn, I wanted to borrow a pen and ink of the apprentice, and at the same time the apprentice run up for the pen and ink, he told me there were thieves in the house, says I, I will stay here with the fork while you go and alarm the house, presently I heard a great noise at the back window which were the flower pots rolling down off the window upon the stones; I presently run round the corner, and there was one man getting on his legs, and he ran away, I shut the gates against the prisoner, and called stop thief! I shut the gate against him, and Job Lee was after him, there is a way round into the yard from the back window.

SUSANNAH LEES sworn.

On the 17th of last March, between the hours of eight and nine in the evening this boy was sitting in our house drinking some beer, and our hostler wanted a pen and ink, and the boy went to get it, and he made an alarm; I went up stairs, and the apprentice gave me these things in my lap, which were standing on the kitchen hearth, I saw him take them from the hearth in the kitchen, I have had them in my possession ever since.

Court to Hill. Are these the things that you found? - Yes.

Where did you find these things? - When I went up stairs with the men, I saw them laying on the kitchen hearth.

Where had they been usually kept? - In the beaufet in the parlour.

(The things deposed to by the prosecutor.)

Here is my wife's brother's name on the table spoons, and I believe the salts to be mine, but I never took any particular notice of the mark; I am clear they are mine, they were usually kept in the beaufet in the room which we call the bedroom, it goes through the parlour into the kitchen.

(The pap-spoon produced and deposed to.)

PRISONER's DEFENCE.

I was running down George-yard, Whitechapel, I heard the cry of stop thief, and when I was coming out of the yard they took me; when they went to the public house, they began sharing the forty pounds, and saying, one should get so much, and another should get so much; the boy did not swear to me then; I have respectable people to my character, but I did not expect my trial to come on so soon.

Court. If there are any that you expect, tell their names, and they shall be called. - There is one Mr. Clark, Mr. Taylor, and Mr. Jones.

(They were called but did not appear.)

Prosecutor. This pistol was found in the yard, and the lanthorn was found in my apartment.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850406-26

429. WILLIAM YOUNG was indicted for burglariously and feloniously breaking and entering the dwelling house

of Elizabeth Twisden , about the hour of nine in the night, on the 11th of March last, and feloniously stealing therein five iron keys, value 5 s. and one lead canister, value 6 d. her property .

ELIZABETH TWISDEN sworn.

I live at No. 3, Great Titchfield-street, I am not in business, I have a house at No. 12, in Margaret-street , which was a corner house, was broke open, which adjoins this No. 3, that house did then belong to me.

Did you at that time live in Margaret-street? - I lived in Titchfield-street, but this house in Margaret-street was my house, and partly furnished, I had moved some of the furniture out.

How long had you left it? - I never had left it, I always had somebody to sleep in it; but I let it to Colonel Capper , as a furnished house; and afterwards my sister was in it, and always somebody slept in it, save two or three nights previous to the robbery; at the time this happened there was no one in the house; this robbery was committed early in the evening, on the 11th of March, I heard a noise, and then I heard another noise; I then said to a young man that was just come in, go and see; and he took the key of the street door and a light, his name is John Bengest ; I observed him take a knife out of his pocket, and he went into the house; in a moment I went into the passage of No. 3, and I heard a great noise in that garden; I was informed a thief was taken.

JOHN BENGEST sworn.

I was sent to see what was the matter by the prosecutrix; I was setting in the parlour with the prosecutrix, we heard a noise in the adjoining house; I asked for a light and the key of the street door, which she gave me, and I went into the other house, and opened the door with the key, which was double locked; going into the parlour I saw two or three men; as soon as I went in they jumped out of the window; one out of the parlour window, and one out of the closet window, which they had broke open: I left the parlour, and caught the prisoner coming over the garden wall into the street.

Should you have known he was one of the men that was in the house? - No, my Lord, I cannot swear that he was in the house: I know he is the man that was coming over the wall; I gave him a blow and I cut him in the arm with a knife, he made a great resistance, and we had a very hard struggle, and he tumbled down in the street, I secured him.

Had he taken away any thing? - No, Sir, I secured him till the watchman came to my assistance, he was sent to the watch-house, and then I went into the house, and found several people in the house; and in the passage I found a closet window broke open; the plate of the shutter had been taken down, a pane of glass had been broke, which lets the hand into the screw; the screw was taken out, and the sash was thrown up, and so they got in; the lock of the closet door was forced open, which communicates to the parlour; we found the lock of the parlour door open, it was opened with an iron crow, I saw the marks after; we examined all the gardens; I said there is a neighbouring garden; and the watchman found the keys in the street and in the garden, and brought them to us, and the canister was found under the window in the garden, where they jumped out.

Where did the canister stand before they came into the house? - In the closet.

Was it an empty closet? - Yes.

What part of the closet? - Close to the window, close to the frame, which I look upon, by jumping out of the window they dragged that with them.

The remainder of this Trial in the next Part, which will be published in a few Days.

Reference Number: t17850406-26

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 6th of APRIL 1785, and the following Days;

Being the FOURTH SESSION in the Mayoralty of The Right Hon. RICHARD CLARK , LORD MAYOR OF THE CITY OF LONDON

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER IV. PART III.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXV.

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of William Young .

What were the keys? - The keys belong to the doors of that house, to several parts of the house, they hung in a closet.

Whereabouts did they hang? - The left hand side coming in.

Could the keys have been drawn out in the same manner as the cannister might? - No, it is impossible.

How long before this alarm had you been in the house? - Not that day, nor the day before.

Had any body that you know of been in the house? - I believe Mrs. Twisden was last in the house.

Court to Prosecutrix. When was you in the house before? - I believe it was two days.

HENRY COLLINS sworn.

I was going to the prosecutrix's with a pot of beer, and I saw the prisoner come over the wall, and the gentleman came out of the door, and told me to stand at the door, and he ran and caught the prisoner as he was coming over the door; he called to the watch, and he was taken to the watch-house.

SAMUEL BOVINDALE sworn.

I am a watchman of Mary-le-bon, about nine watch was called, it might be about fifty yards off; I made the best of my way, Mr. Bengest gave me a charge of the prisoner, I took him to the watch-house, we afterwards searched the house, and found the doors and the windows broke open, and the plate of the window shutters broke off; then another person, who is not here, found this crow, a knife, and a key; I saw the person pick them up; some time afterwards I found three keys in the street, and another person found two, I saw him find them.

How far from the garden wall was it that the keys were found? - I believe about seven yards, that is as much as it was.

(The keys produced.)

Prosecutrix. These are the keys of the closet on the ground floor of each side, this is the key of the drawing room; I know nothing of that key; this is the key of the garrets.

Mr. Bengest. I know all these five keys.

PRISONER's DEFENCE.

I and another had been drinking all that day, and happened to be in liquor, and going by that wall the other man was playing his fun as we went along, and he took my hat off and flung it over, and I went over for it, and getting back again this gentleman caught me.

What way of life have you been in? - I have been at sea eight years.

Have you any friends to speak for you? - I have two in the yard that have known me from my youth.

The prisoner called two witnesses who gave him a very good character.

GUILTY Of stealing, but not of the burglary .

Transported for seven Years to Africa .

Tried by the first Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-27

430. WILLIAM HARDING was indicted for burglariously and feloniously breaking and entering the dwelling house of Robert Snow , Esq ; about the hour of three in the night, on the 5th of March last, and burglariously stealing therein a silver tankard, value 15 l. a silver milkpin, value 15 s. a silver candlestick, value 40 s. a pint mug, value 3 l. four silver butter-boats, value 8 l. a caudle-cup, value 30 s. a pair of silver sugar tongs, value 8 s. ten silver tea-spoons, value 30 s. a silver tea strainer, value 3 s. a silver desert spoon, value 8 s. a castor, value 3 s. his property .

(The case opened by Mr. Knowles.)

The witnesses examined apart at the request of Mr. Garrow, Prisoner's Council.

HANNAH CANNADY sworn.

I am a servant of Mr. Snows, No. 10. Saville-row .

Do you remember on Saturday, the 5th of March last, fastening any of the doors? - Yes, I fastened the door that goes out into the area.

What time of night was that? - About half an hour after eleven.

Mr. Garrow. You was not the last person up? - No, the butler was.

JOHN WADDINGTON sworn.

I am a servant to Mr. Snow, I remember on Saturday the 5th of March, I went to bed between twelve and one; I examined all the up-stair doors and windows, and they were fast; the next morning I was called up by the footman, William Barker , about seven; Benjamin Clarke was the man who first saw it.

When you got up at seven o'clock, what state did you find the house in? - I found a plate chest open, where the plate was, and the things taken out and gone, the chest was in the servant's hall, it was usually locked up, it was a strong chest; I am not particular whether it was locked the night before; it was empty in the morning.

What did you lose from there? - I lost the things mentioned in the indictment, (repeating them.) I have seen them at Sir Sampson's since.

BENJAMIN CLARKE sworn.

I am a servant to Mr. Snow, on the Sunday morning I got up about seven, and I found the doors all open, quite into the area; when I came down into the kitchen it seemed quite light, which it was not at another time; and I found the lock of the area door was broke open, and the kitchen door was broke open; the lock was drawn quite off.

Was there any other door besides the area door before they got in? - No, only the area door.

Was there any bolt to that? - Yes, one bolt, the staples were drawn out; I saw the plate chest, and it was open, and quite in a litter.

With the appearance of having been rifled? - Yes.

MARY ROBINSON sworn.

I am servant to Mr. Snow; on Sunday the 6th of March, I saw the china closet, and on the Saturday before; I saw there were next morning ten tea spoons missing, a strainer, a little saucepan, a milk pin, and the other things mentioned in the indictment: the china closet was in the kitchen, it was locked on Saturday night; it was undone, I suppose by a chissel; and in the closet I found a dark lanthorn.

Mr. Garrow. Whose property was the plate that was in the china closet? - Mr. Snow's.

JACOB AARON sworn.

Where did you live on Sunday, the 6th of March? - At Mr. Barrah's in Duke-street, Duke's-place.

Did you see any body there on Sunday? - I did, there was one called Bill Steward , Bill Harding was the other.

Who is he? - Another man.

Do you see that man in Court? - He looks much like him.

What time did you see him? - A little after seven on Sunday morning, the 6th of March.

How many of them in all? - Three.

Did they come to Barrah's house? - They did.

Where was you? - Below in the shop.

What shop does Barrah keep? - A butcher's shop; when the two men that came first came in, they went up stairs, and in about ten minutes, I saw a woman come in with a bundle under her coats as it seemed, and from her manner of walking and holding her hands, I thought she had a bundle under her clothes, and she went up stairs, when she was about ten minutes up stairs, I was called up stairs to my mistress in her bed chamber, she was not up, that is on the second floor, my mistress said to me -

Who was there when you was called up? - My mistress, and Bill Steward , and the person which they call Bill Harding .

Do you mean by that Bill Harding , the man that you think the prisoner is like, or any other man? - I mean by Bill Harding the man that is like this prisoner; my mistress said to me, Jacob, you must get the shears, this pot cannot be weighed without it is cut; I went down stairs into the cellar to get the shears, and I met our little boy, Abraham Nathan , he wanted to go up stairs, I told him, you cannot go up stairs, there is company up stairs; I went up stairs with the shears, and I cut a large pot, and Bill Steward held it for me, while I cut it.

Court. In how many pieces did you cut it? - I cannot recollect in how many pieces.

Did you see any thing else there besides that pot? - Yes, I saw more silver there, spoons, and butter boats, and one thing or other, a great deal of silver, which I did not take notice of; it was laying on a table; my mistress weighed the pieces of the pot in my presence, then she went to her drawers, and took out a purse of money and counted some guineas on the table there, I believe she paid him thirty or thirty one guineas; I know there were some odd shillings to pay, and my mistress said to Bill Steward , you shall not have the odd shillings; and Bill Steward made answer, I will not abate a halfpenny of it; then I went down into the shop, and in about five or six minutes I was called up in the kitchen, which is one pair of stairs; there I found Steward, and the man that is like the prisoner, and the woman; and Bill Steward said to me, Jacob get change of a guinea, and I went and got change, and he gave me half a crown, and asked for the boy to be sent up stairs, which I did.

Where was the other person all the while? - He was standing by, I sent up Nathan; I went out for a quarter of an hour, to do some business in the butchering way for a neighbour; after I came back again, I saw the person they call Bill Harding , with the woman, they went down first, and Bill Steward went by himself.

Mr. Garrow. I shall not ask him any questions.

Mr. Knowles. Did you say before the Justice, that you knew the man? - Yes.

Have you had any reason since to doubt of him?

Mr. Garrow. My Lord, I submit whether it is usual for the prosecutor to cross-examine his own witnesses, and to remind him of what he has said elsewhere.

Court. It is not usual, it is not often necessary, but it is not illegal, but I do not over-rule you, however you discredit your own witness by it, you are aware of that; though he has not yet been asked I think sufficiently to that.

Court to Aaron. You have called these people very familiarly by their Christian names, have you ever seen any of them before? - I have seen Bill Steward very often.

Had you ever seen Harding before? - Never before in my life.

How came you to know their Christian names? - By hearing them called so-in conversation, when they were there.

Did you speak to him or he to you while you was in the room? - No, not a word.

How soon after this was you called upon to see him? - The same day, the Sunday.

Where was that? - Let me recollect.

By all means! - I cannot be positive whether I saw him the same day, but I know on the Wednesday I saw him again at Bow-street, but I cannot be positive for the Sunday; I am sure I saw him on Wednesday, I will not say any thing without I am sure of it.

When you first saw him on the Wednesday, did you or did you not know the man? - Then he looked like the same man again.

Do you know whether he is the same man or not? - He had a long pig tail behind, and a drab coat on, on the Sunday morning.

How was this prisoner dressed when you saw him on the Wednesday at the Justice's? - In the same dress again.

Did you take notice enough of his person, to be able to know the man again or not? - Yes, I think I should know him again.

Then you can tell us one way or the other, whether he is the man or not? - He is in another alteration of dress.

But I am speaking when you saw him before the Justice, was the man you saw before the Justice the same man? - Yes, I am sure of that.

Then if I understand you, your hesitation is whether this is the man you saw before the Justice, because he has changed his dress? - Yes.

Do you know who the woman was that came with the goods? - I never saw her before in my life.

Did you discover from any conversation that passed amongst them, at the time you was up stairs cutting the plate who she was, who she belonged to? - No.

You said that Bill Harding , and the woman went away together? - Yes.

Do you know where they went to? - No, I saw them cross to a new opening.

Did you know where they lived? - No.

Did you know whether that woman was a single woman? - I only knew by hearing her called by the name of Mrs. Harding.

Where did you hear her called by that name? - In the kitchen.

ABRAHAM NATHAN sworn.

Mr. Knowles. Do you remember anybody being at your master's house on Sunday the 6th of March? - Yes.

Court. How old are you? - Going in eighteen.

How long have you lived with Barrah? - About three years and a half.

In what capacity did you live with him? - A servant.

In what business? - In the butchering way, to carry out meat; on Sunday morning I went out on an errand, I got up about half after six or thereabouts; when I came back I was going up stairs to deliver my

message; I met my fellow servant Aaron upon the stairs, who told me I could not go up, there was some body up stairs, I came down and staid in the shop, he went below in the cellar, and took a pair of shears with him, in a little time after my master came in, and went up stairs, and he came down with a bundle, then my fellow servant came down and went out, and sent me up, I went up, and there sat a man, Bill Steward , in a chair by the fire side, and a man with a woman in his lap, whom they call Bill Harding .

Have you seen that man since? - No.

Do you see him here now, look about the Court? - I do not know that I do, I cannot swear, I never saw the man before.

Have you seen him since that Sunday? - No, I have not, I do not know I should know him again, he had a long tail and a cocked hat, and a drab great coat, and when I came up, Steward gave me half-a-crown, and said here is that for you; I did not see these people go away, I saw nothing particular when I went up stairs, only Steward had some money in his hand, and he gave me half-a-crown.

Did you see any thing on the table? - No, I did not look round, I only went to them, and he gave me half-a-crown.

Do you know where your master put the bundle that he brought down stairs? - I gave him a bit of black ribbon off my leg, he opened a place in the wainscot, which is called

"a plant," it was a secret cupboard.

Mr. Garrow. How long have you lived with Mr . Barrah? - About three years and a half.

Did the other gentleman live there before? - Yes.

How often has Mr. Barrah been in trouble since you have been there? - I do not know, he was abroad then.

He was not returned from transportation, he is a pretty wholesale dealer in this fence business, is not he? - I do not know.

Are not you the same witness, that upon a cross-examination before me at Kingston, confessed you had perjured yourself before the Magistrate at Bow-street? - I did certainly, I was sorry I did, I owned it in Court.

Court. You are that witness that said your master desired you to perjure yourself, and you did perjure yourself? - I did, I did say things which I did not say in Court, before Sir Sampson, by my master's orders, I opened all in Court before the gentlemen, I could not help it, I was obliged to say as my master told me.

The man that you call by the name of Steward, I believe is a very old offender? - Yes, I have seen him several times.

He has been tried here very often? - I do not know.

He has been charged with breaking out of Newgate? - Yes.

Had you any conversation with your master, or with any person upon fixing on a new hand, rather than upon Steward? - No Sir, I had not.

MOSES MORANT sworn.

I am one of the officers in Bow-street, I went to Barrah's house, on Sunday the 6th of March last, between ten and eleven o'clock in the morning, and in a closet I found a quantity of plate, it was a little closet in the wainscot; the door did not appear to open, there was a little hole, I put in my knife and tried it, and it slid up, and there was a concealed closet with this plate; some leather for breeches, thirty-six skins, and three bundles of linen.

Have you got the plate here? - Yes, after I went to apprehend the prisoner, and in his house was this crow, and two center bits.

Court. Where did you go to apprehend Harding? - At a place called Bowl Yard, St. Giles's, No. 5.

Who did you find in his house? - His wife, maid servant, and William Steward .

Who did you apprehend? - I apprehended them both, Steward was in bed fast asleep; it was about one when we apprehended him.

Was the prisoner in bed or up? - He was up, sitting by the fire with his wife.

(The tankard and sauce boats deposed to by Waddington.)

Waddington. I am not particular whether there is any coat of arms upon it, I know the tankard by the size, I know the butter boats to be my master's, by continually using them, and cleaning them, I have used them at different times, eleven years; I know the candlestick, and the pan, and this little cup, I remember the mark on this little candlestick, here is the antelope's head.

Is that your master's crest? - Yes.

Court. Is there any one of the pieces that has got a mark that you know? - I have never observed particularly, they were not used constantly, the candlestick and this spoon particularly.

(Mrs. Robinson deposed to a tea spoon by a crush, it had got a squeeze.)

Is there any crest upon them? - Yes.

Court to Prisoner. Now this is the time for you to make your defence, you hear you are charged by the two people from Barrahs, with being one of the persons that brought the plate that morning, in company with Steward, and Steward was afterwards found in your house that same day.

PRISONER's DEFENCE.

I was a victualler, a publican some years, I have let my house lately; this Steward about a week or a fortnight before I was apprehended, lodged at my house; about one o'clock this gentleman came to my house; this Steward was out all the night before, and part of Sunday morning, he came and went up to bed; I know nothing of the affair, nor of the Barrahs, and they cannot say with a safe conscience I am the person, but they do not care what they swear, the Court may plainly see that I never was at Barrah's in my life.

Court to Mr. Garrow. Have you any witnesses for him? - No, my Lord.

Court to Prisoner. Now had you lived as you ought to have done, you must have witnesses to your character.

Prisoner. I did not think about that, I have witnesses plenty, that know I kept a public house some years, they talked of putting it off, on account of this Steward, the Court may see that I know no more of what is charged against me than a child.

Court to Morant. What became of that Steward? - He was sent to Tothill-fields, and by some means or other he was let out, or got out, they say he got over a wall by a rope.

Whereabouts in the house did you find the crow and the other things? - The centre bits were in a closet in the parlour, where I found the prisoner, the crow was in the kitchen in the chimney.

Prisoner. They were not my apartments.

Where did Steward sleep? - In Harding's bed, where Harding's wife slept, the prisoner's clothes were there, and his shoes, and the prisoner's things were there, it was in the back parlour.

Court. Was that room the same parlour where the centre bit was found? - No, in the fore parlour the centre bit was found, where the prisoner and his wife were sitting by the fire.

Mr. Bond Foreman of the Jury to Morant. Did you ever try any of these crows, because when you wrench a door open, there may be a mark on the side of the crow? - No, I did not try them.

The Jury withdrew a short time, and returned with a verdict.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-28

442. PATRICK DALEY was indicted for feloniously stealing, on the 27th of February last, seventeen bars of iron, value

4 l. the property of Jukes Coulson , William Harriman , and Benjamin Bates , then being in a certain lighter, on the navigable river of Thames .

- FRANKS sworn.

I am an officer belonging to the custom-house and another officer was looking out to see whether we could light of any smuggled goods, on the 27th of February, about twelve at night, we were on the water, and we saw a boat coming from the ships lying at Union stairs tier, and we rowed along-side of her, and found it full of iron; we found seventeen bars of iron; then the person that was with me stepped in and said it was iron; we consulted a little while, and took the man in custody, and the iron.

Who was the man? - His name is Patrick Daley , that was the prisoner, nobody else was in the boat with him; I delivered the iron in charge to one Mr. Hall; officer of the night.

JOSEPH HALL sworn.

I received in charge seventeen bars of iron from Franks, and one Wood; the iron now is in my custody the other side the water; Mr. Light saw it the next morning.

WILLIAM LIGHT sworn.

It is the property of Coulson and Co. there is a bar of it to be produced, part of the seventeen, and it is marked with white lead; it is a very particular order we had, and had a mark C. upon it, it was marked in my presence.

Court. Have you any notion where it was taken from? - I believe it to be taken from Union stairs, because the lighter was carried on board a ship off Union stairs, on the 27th of February, and on the next Monday morning we found the bars had been taken away; it was iron we had shipped off to go on board at Union stairs.

Where did the ship lay that the iron was to go on board of? - Off Union stairs.

And where was the lighter on the 27th in the evening? - It was on board the ship; I found seventeen bars missing, and I was obliged to send seventeen more, and I could not obtain a receipt to my satisfaction, because seventeen bars were wanting, till I sent the other seventeen bars.

Mr. Peatt, Prisoner's Counsel. When did you miss it? - Not till Monday morning the 28th.

Was the whole of the foreign order put on board that lighter? - Yes.

Do you know the bar of iron from any other circumstance than that letter upon it? - Yes, it appeared to be part of a parcel which had been bought by the company a little while before, and it was pitched or tarred, as it was rather rusty.

Is not it very usual for iron to be very rusty, and pitched too? - It is not very common, I have seen it once or twice.

Why can you distinguish one parcel of iron from another by the degree of rust? - No, Sir, but from the marks I will.

Is not it usual for other merchants and dealers to mark their iron and bars with devices as well as yours? - Yes.

For ought you know other iron might be marked with the same letter? - Yes.

Then the whole alphabet might be marked? - Yes.

You did not draw that letter yourself? - No, but I saw it done.

It is not like a hand writing, it is marked with a brush? - Yes.

If you saw a C upon another bar of iron similar to that, could you distinguish that from another? - I think I could from the size of the letter, and the mode of making that letter.

What part of the bar is the letter upon? - Not quite in the middle.

It might be two or three inches lower or higher for ought you know to the contrary? - It might.

PRISONER's DEFENCE.

I found this iron in the boat I was in, which was the ship's boat.

Court to Franks. Is not it usual for watermen to borrow each others boats, to

to take them when they are pressed without permission? - I never did it, I cannot tell what others would do.

The prisoner called one witness who gave him a very good character.

GUILTY , Death .

Tried by the second Middlesex jury before Mr. Baron EYRE .

Reference Number: t17850406-29

443. PETER O'BERGE was indicted for feloniously stealing, on the 6th day of March last, one pair of cloth breeches, value 2 s. a cloth waistcoat, value 3 s. a coat, value 10 s. a pair of silk breeches, value 2 s. a silk waistcoat, value 2 s. a woollen jacket, value 1 s. a linen shirt, value 1 s. a silver watch, value 30 s. the property of Nicholas Johnson , in the dwelling house of John Anderson .

NICHOLAS JOHNSON sworn.

I live in Old Gravel-lane , at the old three Swedish crowns; I follow the sea; my things were under my landlord's care; I was sick in the hospital.

JOHN ANDERSON sworn.

The prosecutor lodged at my house, in Old Gravel-lane, and the prisoner lodged with me; I knew he brought no clothes into the house, and I saw him one morning carry out a great bundle; I asked him where he was going; he said to the washer-woman's; then I saw him buy shoes and buckles, and I thought all was not right; and I went to overhaul, and I found the prosecutor's chest was broke open, and the things gone; the prosecutor was in the hospital; I took up the prisoner upon suspicion, and sent him to the watch-house; the officer found the things; the prisoner owned he had broke the chest open, and sold some of the clothes, and he would shew him where it was; the officer found the watch tied up in his shirt, the buckles never were found, he did not own to them.

THOMAS COLE sworn.

I am an officer, I had a charge brought to me, and the prisoner said he would tell me where the things were; accordingly I went with him to different people's houses, and according as he told me, I found the property, which are here now to be produced; I went on a good while with him, about two hours, he walked something very comical, says I, what makes you walk so comical; says he, I have got a pain in my leg; I insisted on seeing, I went into a house, and there I searched him, and to the tail of his shirt I found a watch hanging between his legs, not concealed about him, but hanging as he walked along.

(The watch produced and deposed to.)

MARY SMITH sworn.

I produce a waistcoat and a pair of breeches; I live at No. 1. Cable-street, I bought the breeches of the prisoner, and he left the waistcoat with me, in order to bring a coat and breeches which belonged to it for sale.

GEORGE DAVY sworn.

I live at No. 105, Rosemary-lane, in the sale business; I have a coat, a pair of breeches, and a waistcoat; I bought them of the prisoner, the latter end of February.

WILLIAM CLARKE sworn.

I live in Queen-street, Tower-Hill; I have a jacket and an old shirt, I bought them of the prisoner the 7th of March.

(The various things deposed to.)

PRISONER's DEFENCE.

There was a man lodged in the same house I did, he is a countryman of mine, two or three days before he went away, he told me he had some things, if I could do any good with them I might, and he went up stairs with me, and shewed me his chest, and opened it.

Court. Did not you know that the things belonged to Johnson? - No, I never knew that.

What countryman are you? - A Swede.

Court to Anderson. How long have you known this man? - He lodged with me ten days, he bears but a very indifferent character.

GUILTY Of stealing to the value of 39 s.

Transported for seven years .

Tried by the second Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-30

444. ELIZABETH STANLEY was indicted for feloniously stealing, on the 27th day of March last, three woollen blankets, value 9 s. a cotton counterpane, value 5 s. a linen bolster-case, value 1 s. three sheets, value 6 s. the property of James Russell .

Mrs. RUSSELL sworn.

I live in High-street, Mile-end New-town , we have part of a house; I missed the things mentioned in the indictment, on Easter Sunday; I went up stairs between eight and nine to make the bed, and found the bedstead half up and half down, and propped up with a board, I left it turned up in the morning, I saw the things some time in the day, the sheet had a mark of L. M. and I think an I. I know the counterpane, it is very remarkable, I never saw one of the pattern before, it is a foreign thing, I saw the property at the office, and knew it to be mine.

(The things deposed to.)

JAMES FAKERY sworn.

I have been lately a victualler, I live at No. 262, Whitechapel road side; on Easter Sunday I was sitting by my fire side, I heard the voice of a person, asking will you buy an old blanket of a poor woman come out of the country? and I said to my wife, this has not a good look, I went out to the fore apartment, and instead of this blanket it proved to be these things; the woman that brought them was the prisoner, she was offering it to the woman that lives in the fore parlour, and sells apples; I followed the prisoner to the George in Whitechapel road; I believe the prisoner saw me follow her, as she said, she would be damned if any body should have any of the things, for the property was her own; and I applied to John Roberts and Forecast, and they took her into custody.

JOHN ROBERTS sworn.

I am an officer, the last witness applied to me, at the Rotation-office, to take the prisoner into custody, and I took the prisoner with this bundle on her head, these are the things that Mrs. Russel speaks to, they were sealed up.

JOHN FORECAST sworn.

I am an officer, I assisted to take the prisoner with the bundle.

PRISONER's DEFENCE.

I was going along up the new road going to Limehouse, and I met two men, they had this bundle at their back, and they gave me this bundle and I went with it, I did not know it was stolen, I was in liquor the two men were to meet me after I had sold the things.

GUILTY .

To be privately whipped , and confined to hard labour twelve months in the House of Correction .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850406-31

445. JOHN THOMPSON otherwise WRINKLE was indicted for burglariously and feloniously breaking and entering the dwelling of John M'Farlan about the hour of ten in the night, on the 22d day of March last, with intention the goods and chattles of the said John M'Farlan in the said dwelling house then and there being, feloniously and burglariously to steal .

(The witnesses examined apart at the request of the prisoner.)

JOHN M'FARLAN sworn.

I am a silversmith , I was sitting in the kitchen backwards, even with my shop with my wife, I heard the bell of the door of my one pair of stairs floor tinkle, the girl came down stairs and went to the door, I says to my wife, it is nobody wants us, it is somebody wants the lodgers up stairs, then the girl came running along the passage, and says to my wife somebody wants you, my wife took up the candle off the table and went out of doors, I heard no talking till I heard the pane of glass break, that goes into the shop, where my silver work lays, the glass is to keep peoples hands from the show board, with that I heard a rattling, and a noise in the passage, I got up out of my chair, and when I came in, and saw my wife laying on the ground, with her head towards the partition of the little room, and her feet towards the cellar door, no person could go by her, it is a very narrow passage, and the prisoner at the bar, as he appeared afterwards to be, was down also, he lay behind her, his knees in her back down upon her; I did not think of any thieves, I went to lift my wife up, and I saw something push at me from under her coat, with two edges to it, and an odd sort of a point, my wife cried out, keep out of the way my dear, keep out of the way, they will cut you to pieces! I took up an old space, and I tried to strike at him, for fear of striking my wife, I struck at his hat, and something fell from his face, and I saw him as plain as I see these gentlemen now, and his eyes looked so monstrous fierce and savage at me, I did not know what to make of it; seeing some more behind me all disguised I turned myself round, and I cried out Harry! Harry! your mistress is murdered and cut to pieces! that is a journeyman of mine, who was at work for me; with that Harry jumped out of the back shop, he had a silver soap ladle in his hand, w hich weighed four ounces in the bowl, and nine ounces throughout, and he struck the man on the head with the ladle, hearing a noise in the street, I looked to the door, and saw it open, and I saw two or three men walk out, and the prisoner was left behind, he walked the length of the passage, and Harry kept hitting him on the head, and he went out of the house, and I saw no more of him; and they brought him back and declared he was the man, and the next morning, though they had even changed his clothes in the Compter, I declared that was the man.

Did you see him again that night? - Yes, we took him directly, he was not out of sight, only whilst turning round three doors.

Jury. Did your wife open the door to let him in? - No.

Mr. Garrow, Prisoner's Council. How long might you be in the passage before all the people went away? - I cannot tell.

You can tell whether you was an hour or five minutes? - I cannot say it was an hour, nor half an hour.

Was it five minutes? - My fright was so great at the time, it was out of my power, or any body else in the agony I lay in.

You was extremely frightened? - I was.

What light had you? - A light commonly in my kitchen, and a light in the back shop, there was a candle on the compter.

Where is your compter? - In my shop.

Then there was the partition of the shop, between the candle and the place where you had this scuffle? - No, Sir, it is in the passage, I told my Lord.

Does your street door open into your shop immediately? - No, Sir, into a passage, the compter joins with a passage.

I want you to describe to the Jury, the situation of your shop and your passage, how are they separated from each other? - The street door comes in, and the compter runs down on one side the shop, with shutters up to it, that joins to the parlour partition, none can come into my shop without lifting up the flap of the compter, or breaking through that which was broke.

Is there a partition between the shop and the passage? - I tell you it is a compter.

In the day time a person opening the street door would come to your compter without any passage? - Yes.

In the night time you put up shutters which forms a passage? - Yes.

The shop was in the condition it was in the day time? - Yes.

How soon after was this man taken and brought back to you? - A few minutes.

How many do you think? - I cannot tell, my flurry was so great.

You was very much frightened? - I leave into any body else to judge.

What did you think was passing when you first came up? - I had no apprehension of thieves, the outer shutters in the street were shut up.

ELIZABETH M'FARLAN sworn.

On the 22d of March, about ten at night we heard the bell ring, and our young woman opened the door, and came and called me out, and when I came into the passage, that man was about a yard in the passage, I was in the back kitchen, I came out with a candle in my hand, and this man stood in the passage, about a yard in; he stood with one hand behind him, and another before him, with a great coat on; and when I looked him full in the face, he looked at me, he never spoke a word to me; and I saw a second come down one of the steps from the street; I looked then behind me, and I saw the second man put his hand into his right hand pocket and pull out something black, and put it all over his face.

Had this first man any thing over his face at that time? - I did not see any thing at all over his face at that time; when I saw that man disguising himself I was frightened, and called out Muffles, thinking of the people as I have heard tell of with things over their faces; then the first man that is now at the bar drew a sword from behind him, and held it up so, and he turned round to make a chop at me, and I turned round to avoid the blow; and he threw me down, there were two then; one behind, he threw me down on my face, and he kneeled on my back, and I squalled out, and I called all the people in the house, and then my husband came out when a pane of glass was broke in the door that parts the shop in the passage; I do not know how that was, then I said to my husband, my dear, do not come near them, they will chop you all to pieces; I do not know what happened afterwards.

How many did you see in all? - I saw in all the man that was disguising his face, and one or more behind him, I know there were more than one; I stood some space with the candle in my hand, looking full at him, expecting he would tell his business to me, he had a black thing round his neck, his face was uncovered as it may be now.

How near was you to him? - About half the length of this board.

Mr. Garrow. I take it for granted you was very much frighted? - I was terrified, I did not know but they might shoot me; I have not been right well since, I spit blood for two or three days after, with falling down on the pit of my stomach.

How long was all this passing? - Not twenty minutes; I do not know how long it was.

You had nothing but your own light you brought up with you? - No, that I put on the compter; I had no suspicion till I saw him behind putting on his disguise, then said I, Lord have mercy upon me! muffles, muffles! he hit me on the back of my head.

Do you mean to swear that any body touched you at all? - He certainly must have drove me down.

Do not tell me what he must have done, in point of fact did you feel anybody touch you? - Yes I did, I felt a weight after I was down.

Have you never said that you believed you fell from the fright, and you was not sure anybody touched you? - I have said that he certainly must have hit me on the back of the head.

Have you ever told anybody that you did not know whether you was pushed down, or drove down? - I said I was drove down.

Have you not said that you was not sure that anybody touched you, that you rather thought that you fell through fainting, or through fright? - I never said any such thing as that, I do not recollect it.

Did you at the time feel anybody touch you? - I cannot recollect that.

Then have not you told somebody so? - No, I never told anybody so.

Nobody said a word to you? - No.

MARY SANDERS sworn.

I live at Mr. M'Farlan's, I went to the door the night this thing happened, somebody rang at the bell, and I came down to the door with a candle in my hand, I opened the door, and the prisoner and another man were at the door; the prisoner spoke to me, and he said, my dear, is Mr. M'Farlan at home; I said, Sir I do not know, if you will please to stop two or three minutes I will go in and see; I went in and spoke to Mrs. M'Farlan, and when I returned up stairs from the kitchen door, these men came in and followed me along the long passage, and after I came out this man was come in, and he had got from the threshold of the door about five yards, and I went to go up stairs, and I saw the handle of a cutlass under his cloaths, he came in as I went to open the door; as I went up stairs I saw Mrs. M'Farlan come out; she came to the prisoner, he said nothing; then Mrs, M'Farlan screamed out; when I saw the handle of the cutlass I ran up stairs in the fright, I do not know which way I turned; I went into my mistress's room, and said, Madam, for God's sake come in, here are two thieves, or two murderers, with that my master locked the door, and opened the window, and cried out murder, stop thief.

Mr. Garrow. Is there any other maidservant about this business, but you, a witness? - No.

Was you ever examined when John Mowat was in custody? - No, Sir, I never was examined but here, and at Guild-hall.

Court. How was your door fastened? - Double locked.

HENRY HALL sworn.

I live at the prosecutor's house, I was at work in the back shop, making a soop ladle, and a little after ten I heard my master halloo out, Harry here is thieves, your mistress will be murdered; I ran with the ladle in my hand, and I saw my master in the passage, and I pushed him out of the way, and I run towards the man, and hit him over the head with the ladle; the man was stooping over my mistress, she was upon the ground, I cannot tell whether she was laying upon her face or not; with that he made towards the door, I hit him another blow over the head, before he got out of the door, he took to his heels and ran; I ran after him, and hallooed out stop thief! and some people coming out of a public house, laid hold of his collar, I ran up and laid hold of the other side, and he was taken to the watch-house; that man was the prisoner.

Was he out of your sight ever? - No.

Did you see any more in the house besides him? - There was, but just as I came into the passage they were running out; I saw nothing black about him, nor upon the ground.

JOHN STONE sworn.

I was at the public house, in St. Martin's Lane; I heard the cry of stop thief! I saw the prisoner and Hall running up the lane, I run after him, and seized him by the collar.

How far was the prisoner from the prosecutor's door, when you seized him? - About fifty or sixty yards.

Was there any thing particular about his person or dress? - He had a brown great coat on, I saw no weapon.

ROBERT WILLIS sworn.

On the 22d of March, I went where the prisoner was taken, and about six yards from Mr. M'Farlan's door, I took up this sword, ten minutes after the alarm.

JAMES LEE sworn.

About half past ten, or half an hour before

ten, I was coming home, and the prisoner came past me, he asked me where the silver-smith lived, the corner of St. Martin's Lane; I could not tell him, and he asked me whether I knew ever a M'Farlan, I could not tell him; I asked what number he lived at, he did not know; about half an hour after, this affair happened.

Look at the prisoner again, are you quite sure he is the man? - I am quite sure, I saw him that night after.

JOHN TATCHFIELD sworn.

I was a watchman in that lane, when the cry of stop thief was, and I run and assisted, and Harry Hall, and John Stone , had the prisoner by the collar, and a pistol droped near the place where he stood, here is the pistol loaded, with ball in it.

Prisoner. Why did not you produce this pistol, the night I was taken into custody? - Because it was out of our ward, he was taken to another watch-house, and I did not go there, I kept the pistol in my pocket, I mentioned it within an hour after, that night; I found the pistol in about five minutes after, just by where he was stopped.

WILLIAM M'KENSEY sworn.

A little after ten, I was at the further end of the ward before this happened, and I had been in about the space of a minute, and I heard a very great noise, and a great mob, and I saw a light at the one pair of stairs, and I ran as fast as I could, and they had got the prisoner in hold, I carried him to the watch house, and searched him, and found nothing upon him, but a small knife.

PRISONER's DEFENCE.

I never was in the house, I dined that day at Deptford; I was coming home over London Bridge, at ten o'clock, and I saw a parcel of people run, and I run, and they laid hold of me.

What way of life have you been in, you have been at sea I suppose? - I have been at sea some time, since I deal in the marketing way, poultry and fish, and every thing in season.

Court. What is the place of your residence? - I live in Golden Lane, I have lived in that neighbourhood about five or six months, I am an Irishman, I went to Ireland to recieve some money my father left me; this woman pitched upon one of Sir Sampson's men at first; as for this Harry Hall , he has been guilty of several foot-pad robberies, and has been once tried for it.

GUILTY Death .

Prisoner. My Lord, I am but a young man, and have a young family, I hope my Lord you will recommend me to mercy.

Court. Prisoner, you stand convicted of this offence, and properly; you appear to be connected with a most dangerous gang, think of your own situation; and think of the duty you owe to God and man, to discover the rest of your confederates; withdraw now and think of what I have said to you.

(N. B. This prisoner was afterwards ordered for execution by himself, on Tuesday the 26th of April)

Tried by the second London Jury before Mr. Baron EYRE .

Reference Number: t17850406-32

446. JOSEPH KEY , HENRY WOOD , and JAMES ROMAIN were indicted for feloniously assaulting Humphry Stokes , on the navigable river of Thames, being the King's highway, on the 19th day of March last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one metal watch, value 4 l. one chain, value 10 s. one linen handkerchief, value 3 s. six china cups, value 3 s. six saucers, value 3 s. and one wooden box, value 1 s. his property .

The witnesses examined apart at the desire of the prisoners

HUMPHRY STOKES sworn.

I am a lieutenant in the Navy , I was robbed on Saturday, the 19th of last month, about seven, off Wapping New Stairs ; I dropped down in my vessel to that place, to the vessel where my brother was commander; I left the brig at seven, I called a sculler to go on shore, it seemed a common sculler, the man put me alongside of a wherry, where there appeared to be five or six men, they demanded my money, which I peremptorily refused, they spoke to me from their own boat; on my refusing, a pistol was put to my breast, and discharged, the ball went by my coat and waistcoat, and just grazed my neck, they called out fire again, upon which I said, I believe you have done my business my friends; then my sculler handed a little box, and a handkerchief, with some things I had tied up in it, and at the same time took my watch from my fob, and went into their boat; they left me I suppose expecting I should drop every moment.

What became of them? - They were laying on their oars a little while; on my calling out I was robbed and murdered, there was an alarm on the water, they pulled towards Wapping New Stairs, I know nothing more of them; I was picked up alone, in a boat, by a waterman who found it was his own boat, which had been stolen from the stairs; I know nothing of the three prisoners, as to the face or voice; one of them, Keys, appeared like the man that was in the sculler, in his dress, and his make, and his jacket, and handkerchief, the other two men I have nothing to say against.

MATTHEW BECKET sworn.

I am a waterman, I ply at King Edward Stairs, Wapping; about seven, on the 19th of March, I went to shut up Mr. Dixon's shop, and when I came down the stairs, I found my boat was stolen away, I borrowed a boat, and set off for my boat, and having got about two ships length from the shore, I heard the cry of murder, and I saw a boat, and another boat alongside, with about five hands, and most part standing off; I directly rowed towards where the gentleman called out murder, and perceived the other boat rowed to northward, as fast as possible away from him; when this boat left that gentleman, I rowed up alongside, and she proved to be my boat, I jumped into the boat, and called out stop thieves, they have shot the man, look to northward; I took and rowed the gentleman on shore as fast as I could: with my calling out and making such an alarm, they answered me, we have got them on Wapping New Stairs; there were many boats coming along, I lost sight of them, and when I came on shore I found one man, that was Keys, in custody, the other was taken away before I got the gentleman on shore, out of my boat; that boat that left the gentleman, rowed away to Wapping New Stairs, it was rather more to northward than to southward.

What sort of a night was it? - It was a moon light night.

How far could you follow them with your eye? - About half way over the river; I lost sight of their boat a good while before they got on shore, there were other boats in pursuit of them, I cannot say that I saw these five men, when I got on shore.

GEORGE DUFF sworn.

I belong to Wapping New Stairs, I was standing upon the stairs, and I heard an uproar on the river, and could not tell what was the matter, and we pulled the boat's head round, and then we heard the alarm of people calling out stop thief! they have killed a man; I heard a piece go off; I says to the boy pull back again, here they come; I saw a boat with four or five people, I cannot say rightly to one; I saw three standing up, and two pulling, they were pulling right in for the stairs I was at; when I first saw them it was within twenty yards of the shore where I was, the boys pulled round; I saw the boats pulling after them as fast as they could, there were a good many boats about at the same time; they were a standing up, and the boys pulled round as I bid them, they came in athwart the head of the boats below, I was above at the stern of the boat;

with that I says to the boys pull away, and they did; there was a lug boat, that they could not get to the boat they were in, without getting over that boat; I hallooed to the people in that boat, stop them! stop them! the boy pulled me close against the lug boat, right into the lug behind, they pushed by them, and rushed before them, and the people in the lug boat tried to stop them; they left their own boat and got into the lug boat, and run over and got on shore, I seized Harry Wood as I stepped in the lug boat, on one side, he stepped out of the lug boat; I took him by the collar with my left hand, and he put his hand into his pocket, and he took out his knife, I said, says I, what are you going to stick your knife in me? no says he.

Are you sure Wood was one of them, that was in the boat? - Yes Sir, he was one of them that was standing up, I saw him in the boat, and saw him come out, I was close athwar t the boat, I knew him before; I cannot say any thing about the others.

Prisoner Wood. Did not you say, that you would make a new boat out of me? - Never, never; says I, I knew you was one of the lead merchants, that was what I said.

WILLIAM SMITH sworn.

I am a waterman, when the out-cry was upon the river, I had been doing some business at Gun Dock; my brother was in the boat, rowing me down to Stone Stairs; I heard a noise on the river, and I said there is some piece of work upon the river, as soon as ever the words were out of my mouth, I heard a pistol go off, and I heard murder cried; I said to Coleman who stood alongside of me, row over towards Execution Dock, and another boat rowed past me, about a quarter of a minute after, with five or six people in it, and it pointed towards Wapping New Stairs; I was going to the place where I heard the pistol fired, and this boat was coming from that place; this boat met me and passed me; I was about two hundred yards from the shore, I did not see the flash.

Did the sound come from that way? - Yes, there were about five or six people in the boat.

Was she pulling hard? - Yes, there were two boats besides her, she pulled pretty fast by me.

Were they sitting down or standing up? - There were three standing up and two rowing.

Was there any other boat near them? - Yes.

How near to them? - About thirty feet following them; I asked them in the boat whereabouts they were, accordingly they said they were just astern, and the man that was in pursuit of this boat, he says there they go, and we pulled our boat round and went after this boat, and pursued them.

Court. Then upon the people saying, there they go, you pulled round and went after this boat that you had spoken to? - Yes, I went to jump into the boat, and whether any body knocked me down, or whether I fell, I do not know; there was a lug-boat laying at Mr. Curtis's back door, where the people jumped out of this wherry, this boat stopped on the long-side of the lug-boat, whether it was the same people that jumped out of the lug-boat on shore, I cannot say, but I saw the people that were in the wherry that passed me, jump into the lug-boat, I pursued them, and we took Wood.

Was Wood one of them or no? - I cannot tell, they were all higgledy piggledy.

Do you know any thing of the other two? - To speak upon my oath, I think they were not in the boat.

What makes you think so? - Because the other man that rowed was a tall thin young fellow, I should know them if I was to see them again, I have seen Romain before on the river, I cannot say I recollect the face of Key, I did not know Key before.

Did you take notice of the people to be able to say that Romain was not there? - Yes, he was taken up upon suspicion, I went there, and said, he was not one.

CHARLES COLEMAN sworn.

On the 19th of March, between seven

and eight, another young fellow was rowing Smith and me, sitting down at the sculls, we heard the report of the pistol going off, he bid me take hold of the scull, and we heard murder cried out.

Which way did the cry come from? - From towards Ratcliffe Church.

Was that to the southward of you? - Rather to the southward.

How did Wapping New Stairs bear then? - We were almost opposite to the stairs, they were right northward, rowing by the craft; we saw a boat with five people in it, they called murder! stop thief! as well as we did; the men rowing said there are the people; we immediately turned round, pursued them, and rowed after them, and Smith went to jump into the boat, and whether he was knocked over board, or fell over board, I cannot tell, but he hung to their boat, I got him in; and the other Smith his brother, the boat was almost near the shore, he ran after and catched hold of one of the men.

Did you see the men get out of the boat? - I saw three or four get out of the boat, but I saw one in particular.

Where did they get out? - At Wapping New Stairs, and they ran towards the water side; they got out immediately into a lug boat; some went to the right, and some went right up from the stairs; the boat was left with nobody in it: I saw one of them apprehended, and stopped at the stairs head, that was Wood, I cannot say what became of the rest.

Prisoner Wood. My Lord, Coleman and Smith sent to us yesterday, to know if they should go to our friends and get some money; this Coleman was taken up for the robbery.

Court. Who was the man that came to you.

Prisoner. His name was Mich. Conklan.

Smith My Lord, the man he mentions was taken up for the same robbery, and discharged, I never sent any person, it is a report of his own.

JAMES SMITH sworn.

Between seven and eight, on the 19th of March, we heard an alarm of murder, stop them! stop them! I took one of the other sculls, and rowed in this boat.

Whereabouts was you when you met the boat first? - About one hundred yards from Wapping New stairs, or not so far.

Which way was the boat going to? - She was pulling in for Wapping New Stairs.

How many were there in her? - Five were in the boat, and two were rowing the boat; the boat came from the middle of the river.

Did you speak to her? - Yes, we asked them whereabouts they were; and they said yes, there they are astern, upon which we turned round immediately, and rowed after them, and secured Harry Wood .

Are you sure Harry Wood was in that boat? - Yes, I saw him step out of that boat, by getting hold of him, I could swear to him, and nobody else.

How long have you known him? - I never knew him before, he was taken close to me; I can be sure he was in the boat, the rest, some ran one way, and some the other; they are all strangers to me.

Are you a waterman? - Yes.

Are not some of these people watermen? - I do not think they are.

Was not you acquainted with Romain before that time? - No, I was not.

JAMES DUFF sworn.

On Saturday, the 19th of March, between the hours of seven and eight, I heard an alarm on the water, in Wapping, I went to see what was the matter, and I saw some boats rowing to Wapping New-stairs; I saw one of the prisoners at the bar run past me, that was Keys; they cried stop thief to him, I pursued him as fast as I could; I was at the corner of the stairs, at Mr. Curtis's brewhouse, that is fifty yards or more from the stairs, he was going as fast as he could, I dare say; and Mr. Curtis's clerk was pursuing him at the same time; the prisoner was the first man, and there were other people pursuing after him, crying, stop thief; we stopped him; I asked

him what he ran away for; he said he had done nothing, he knew nothing of it; says he, I ran after the thief; says I, there was nobody before you; he said, he knew nothing of it, and he would not tell where he lived; and I gave him in charge to the constable.

- ADAMS sworn.

On the 19th of March I was at Mr. Curtis's compting-house, I am his clerk, I heard a cry of murder and thieves; I thought it was only a parcel of drunken waterman; I was within two roods of the stairs, our brewhouse joins the stairs, and I saw a boat with five men come on shore, and saw the prisoner coming up the alley adjoining to the brewhouse, from the head of the alley to the water-side, I imagine to be between five and six rods.

How many yards was it? - I do not know, seventeen feet and a half are in a rod.

Has a person at the bottom of the stairs any way up into Wapping, but coming through that alley? - No, unless he came through our brewhouse; I saw him come out of the alley into the street, and pass me, I told him to stop, he did not stop, but ran past me; it is about as far through the compting-house to the street, as up the alley.

Had anybody run past you before him? - Nobody, they took down a place called the orchard, I followed, and caught him the corner of New Market-street; I saw Keys come up the alley as soon as I could get out of our compting-house, and out of the brewhouse gates, and the prisoner was then coming out of the alley.

PRISONER KEY's DEFENCE.

I was going to Billingsgate, I belong to the Favourite, Greenland man, at Gravesend; as I was coming past Wapping New-stairs, I heard a great cry of thieves! I went down and a man came running past me with something in his hand, I stood off one side, when he had got about thirty or forty yards a head of me, I made after him, and lost sight of him in New Gravel-lane, and them two gentlemen took me; I told them I was running after the thief, immediately they took me before the prosecutor and asked him if I was one of the thieves, I was coming back when they stopped me; I was drinking about a quarter of an hour before, with an acquaintance, his name is Richard Hughes , he is not here.

Court. How came you not to stop, when Mr. Adams bid you stop at the bottom of the alley? - Nobody bid me stop at all.

SAMUEL NOBLE sworn.

I am a waterman to Mr. Curtis's brew-house, I was getting some empty casks out of my boat, which was under the key, at Mr. Curtis's brewhouse, that is close to the stairs, and I saw five people come and rush into the boat, and I was shoved down, but by who I cannot tell, mine was the lug-boat, the people were all close together, they rushed into my boat out of a wherry, I heard the cry of stop thief! and in about five minutes after, I saw the wherry, she was within three boats length of the boat I was in; I could not see any thing of the boat, she came from under the craft, the coal craft hid her, they rushed into my boat, and from thence they jumped overboard upon the stairs; I saw one or two get up stairs, but there was such a crowd and mob, I cannot tell who they were.

Do you or do you not know any of those men? - There is a young fellow that I know, Romain, but he was not there at the time.

Did you or did you not know any one of the men that rushed in upon you? - I cannot say I do, I followed one of the men that went up the stairs, part of the way to the watch-house.

What became of him? - He was in custody then, and going to be carried to the watch-house.

Which of the men was that? - I cannot swear what man it was, I could not cleverly look at him, I picked up an oil-skin hat of his, and put it on his head.

And do not you know whether either of these men is that man? - I cannot say indeed.

Court to Keys. Is there any body here to satisfy the Jury, that you was not on the river that night? - Only that young fellow, I have very few friends in London, I belong to Ireland.

PRISONER WOOD's DEFENCE.

I had been that night on board the Fortitude, Captain King , which ship I belong to; I was coming up to get some clean things, I heard the cry of stop thief, I jumped over the boat to see what was the matter, directly Duff came and caught hold of me, says he, you have shot a man, and I will make a new boat of you; I do not know whose boat it was, I paid two pence for my passage, my boat came from King-stairs, almost facing Wapping new stairs on the other side of the water.

What became of the waterman? - I do not know.

You all came in together to the stairs? - Yes, and I jumped out to see what was the matter when they took me; I came out of Exeter, I belong to a ship in the river, the Fortitude, Captain King , I have no acquaintance at all in London.

Where was you that evening? - I came from on board of the ship that evening at Deptford, the ship has since failed on her voyage.

Court to Jury. There is no evidence against Romain.

HENRY WOOD , GUILTY Death .

JOSEPH KEY , JAMES ROMAIN ,

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-33

447. JOHN WATKINS was indicted for feloniously stealing, on the 19th day of March last, one plate looking glass, value 5 s. the property of Richard Upton .

Richard Upton was called on his recognizance, but not appearing, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. Justice NARES.

Reference Number: t17850406-34

448. JOHN TRAYNER was indicted for feloniously stealing, on the 16th day of March last, one check linen shirt, value 4 s. the property of Philip Raby .

PHILIP RABY sworn.

I am a slop-seller , on the 16th of March last, the prisoner and a woman came in to buy something; I did not observe them at the first; there were some loose jackets laying on the counter, and the prisoner said to me, what is the price of them great coats, I said, they are jackets; I shewed him the jackets, and he agreed to give me nine shillings for one, and the woman said, he wanted some trowsers and shirts, I shewed them some different sorts of shirts, and they laid out three, one of each sort, and agreed for the price; the prisoner said, he had no money, but would fetch it; I went after him in about a minute, and found him and kept at a distance, and when he came to the top of the street, he pulled out this shirt from under his great coat; it was not in paper, the same woman was with him, but she run away.

(Produced and deposed to.)

PRISONER's DEFENCE.

I bought the shirt of a woman, and gave her four shillings for it, and a pot of beer.

GUILTY .

To be confined to hard labour six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. Justice NARES.

Reference Number: t17850406-35

449. JAMES BRYAN CULLIEN was indicted for feloniously stealing, on the 12th day of March last, one pair of thickset breeches, value 1 s. 6 d. two cloth coats, value 18 s. one fustian waistcoat, value 2 s. 6 d. one pair of leather boots, value 6 s. one pair of leather breeches, value 10 s. 6 d. one pair of cotton stockings, value 2 s. one linen shirt, value 1 s. one pair of leather shoes, value 5 s. one pair of worsted stockings, value 3 s. and three muslin neckcloths, value 3 s. the property of John Crandell ; two cotton caps, value 2 s. one woollen cloth, value 1 s. one silk and cotton waistcoat, value 12 s. three cotton waistcoats, value 19 s. three pair of worsted stockings, value 7 s. three pair of worsted stockings, value 6 s. one pair of breeches, value 17 s. one linen shirt, value 6 s. two handkerchiefs, value 1 s. one pair of silver knee buckles, value 5 s. one pair of leather shoes, value 5 s. and one silk handkerchief, value 2 s. the property of John Shingler .

And ELEANOR WELCH was indicted for feloniously receiving, on the 14th of March last, part of the said goods, knowing them to have been stolen .

(The witnesses examined apart.)

JOHN CRANDELL sworn.

I am coachman to Mr. Milbank, on the 12th of March last, the prisoner called on me in the forenoon, as an acquaintance, I had seen him several times in Northamptonshire, he said he was going to a service at Woolwich on Monday; this was on Saturday about four in the afternoon, I left him in the stable; afterwards I was coming out with my fellow servant Shingler, and I went to the back door of the stable, which communicates with the house, and I found it fastened, it fastens on the inside: I thought my fellow servant had fastened it, I went to the other door, and found that was also fast, I still thought it was my fellow servant: I found the street door open, and when I went in, I missed the things mentioned in the indictment.

PETER THOMAS sworn.

I am one of the patrols belonging to Sir Sampson Wright, some of these were given me, and I found great part of the things; I had the things from King-street, Wapping, from one Mrs. Barry, who is in Court: the prisoner was taken on Sunday night, the 13th of March.

Crandell. The prisoner had a pair of shoes of mine on.

(Deposed to.)

The remainder of this Trial in the next Part, which will be published in a few Days.

ERRATA.

In No. IV. Part I. page 541, lines 4, and 5 leave out the words

"which was

"parted from the skull underneath." - Line 15, for

"maladies of membranes," read

"meninges

"or membranes." - Line 40, for

"os bregnitis," read

"as bregmatis." - In page 542, line. 23, and following, leave out the words

"I believe that is the case of all wounds

"by the removal of the scalp. where it is in a state of putrefaction, the blood may come

"down from that aperture." - Line 28, for

"not externally," read

"externally," and omit

"not." - Line 4, second column, for

"but," read

"when."

Reference Number: t17850406-35

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 6th of APRIL 1785, and the following Days;

Being the FOURTH SESSION in the Mayoralty of The Right Hon. RICHARD CLARK , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER IV. PART IV.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXV.

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of James Bryan Cullien .

JOHN SHINGLER sworn.

The prisoner gave me this note, it is his hand writing, I knew him before, I left him in the stable that night, he said, he wanted to speak to Crandell, he would stay till he came.

(The note read.)

"Call at William Barry 's, next door to

"the sign of the White Swan, King-street,

"Wapping; there you will find the flannel

"cloth, a pair of boots, and a pair of

"shoes."

Crandell. The prisoner was taken to the watch-house, and there he wrote down an account of where the things were (Read.)

"Ask Mrs. Barry for Lilly Welch , and

"desire her to come to me directly; ask

"for those things in the name of James

"Brown." - we all three called at Barry's and found a great coat, and boots, and a thickset pair of breeches; they were in two different bundles.

Prisoner. This gentleman said, I was the person that locked the door of the stable inside? - I cannot tell, I can tell the door was fastened, and the outer door was not, at the same time you confessed yourself, Sir, that you was doing the business.

Prisoner. Did Mr. Milbank give you warning, or you give him warning? - Mr. Milbank gave the warning.

When you met me, did I offer to go away? - I took better care of you than that, for your ingratitude.

Prisoner. I gave him the note, he told me to get such and such things washed, he was going to Greenland along with me, and I took them to my wife, this prisoner is my wife.

Prosecutor. I never proposed any such thing, I have not left my service yet, and my wife lives in High-street, Marybone; it is not likely.

HENRY TURNER sworn.

I am a pawnbroker, I received a white waistcoat, a shirt, two neckcloths, and three pair of stockings, I received them of one Catherine Kelly .

(Deposed to.)

CATHEKINE KELLY sworn.

I had those things from the woman prisoner, she lodged with me, I took her to be a very honest woman; she told me she was married, I used to call her Mrs. Briant,

but I pawned the things with Mr. Turner, in the name of Eleanor Welch .

Court. Was that the man you always took to be her husband? - Yes.

MARGARET BARRY sworn.

I know the prisoners, the man lay one night at my house, the woman was not with him; I never saw her till the Sunday night after, the prisoner had a bundle that night, he said, he was too late, he asked me for a bed, and he got up in the morning, he got up and went on board a Green-land ship, the William and Ann.

Prisoner Cullien. I have nothing further to say, I have lived with Captain Fredrick and Lady Harris at the King's Palace.

JACOB BRIANT CULLIEN , GUILTY .

Transported to Africa for seven years .

ELEANOR WELCH , NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Justice NARES.

Reference Number: t17850406-36

450. ELIZABETH BARRY was indicted for feloniously stealing, on the 13th day of March last, one linen shirt, value 7 s. one apron, value 12 d. the property of John Moriarte .

The prosecutor and witnesses were called on their recognizances, and not appearing, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850406-37

451. SAMUEL TOOME was indicted for feloniously stealing, on the 6th day of March last, forty-two pounds weight of lead, value 5 s. belonging to Christopher Lance , and then and there affixed to a certain building, there situate against the statute .

The prisoner was taken some distance from the house at an unseasonable time, and the lead was very near him: - he had a good character.

GUILTY .

Whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850406-38

452. FRANCIS COOK and ABRAHAM SLATER were indicted for feloniously stealing, on the 23d day of March last, two live fowls, value 2 s. and one leather saddle, value 1 s. the property of William Murrell .

WILLIAM MURRELL sworn.

I keep the Castle, at Kentish town , I missed my fowls out of my stable; about five in the morning I was called up, and I overtook the prisoners with the things on them: Slater had the saddle, Cook had a bag with a Cook and a hen, which belonged to me, the were speckled fowls, I had them from chickens, they were a year old, I can swear to them; the saddle was mine, I imagine they got over the gates.

WILLIAM CHALKLEY sworn.

I was going to milking, and I saw two men go towards this stable, and I saw another come with a sack on his back as I thought, the other came from towards the stables, I gave information to the prosecutor, seeing the door open; I do not know that the prisoners were the two men.

PRISONER COOK's DEFENCE.

I went out early this morning with my brother, who was going to Liverpool, and I parted with him at the one mile-stone, and this man overtook him with the things mentioned in the indictment, and he asked me to carry the bag, I did not think any harm in it, and in a hundred yards they stopped me.

PRISONER SLATER's DEFENCE.

About a quarter of a mile from the place I found the bag and the saddle, and I over-took this young man, and asked him to carry the bag for me, I have no friends within three hundred miles, I came out of Lancashire.

Prosecutor. Upon Slater, I found a tinder box and steel, and a knife.

BOTH GUILTY .

Each to be transported for seven years .

Tried by the first Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-39

453. GEORGE CHANDLER was indicted for feloniously stealing, on the 11th of March last, one pound and two ounces weight of green tea, value 4 s. the property of the United Company of Merchants, trading to the East Indies .

JOHN GRIFFITHS sworn.

I am a Custom-house-officer, at Parker's garden and warehouses, belonging to the East India House, on the 11th of March, I took a parcel of Hyson tea, one pound and two ounces, out of the pocket of the prisoner, it was loose; he is a Company's labourer .

JAMES BISHOP sworn.

I am one of the Company's labourers, I was in the warehouses, and I saw the prisoner take the tea out of the chest, and put it in his pocket, there were four or five people on the same floor: we were going up to work, we had not begun, I gave notice first to Mr. Butcher, and then to Mr. Griffiths, I saw the tea taken out of his pocket, it belongs to the Company, it was unsold tea.

Mr. Peatt, Prisoner's Council. How many people were in the warehouse at this time? - Four, five, or six.

Did they stand near the prisoner? - Not very near, they were on the same floor.

How near? - As far again as I may be from you.

WILLIAM FELTSTREAD sworn.

I saw the prisoner take the tea out of the chest, and put it into his pocket.

PRISONER's DEFENCE.

I gathered the tea about the place, I did not take it out of the chest.

Court. You as a labourer about there, knew very well you had no right to take any tea that was there.

The prisoner called four witnesses, who gave him a very good character.

GUILTY .

Upon the recommendation of the Jury, to be privately whipped and confined to hard labour six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-40

454. SAMUEL LYON and ANN JONES were indicted for feloniously stealing, on the 22d day of March last, one gold ring, value 2 s. 6 d. the property of James Gaunt .

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-41

455. MARGARET COLLINS was indicted for feloniously stealing, on the 14th day of February , one woollen blanket, value, 2 s. one tin saucepan, value 4 d. one bolster, value 18 d. one looking-glass, value 5 s. twenty pounds weight of bed feathers, value 5 s. the property of Mary Lewis , spinster , being in a certain lodging room, let to the said Margaret, by the said Mary,

and to be used by her with the said lodging room, against the statute .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-42

456. DAVID BATTY was indicted for that he, on the 1st day of December last, feloniously and falsly did make, forge, and counterfeit, and cause and procure to be falsly made, forged, and counterfeited, and did willingly act and assist in the false making, forging, and counterfeiting, a certain paper writing, partly printed and partly written, purporting to be an Inland Bill of Exchange, for the payment of money, bearing date, Norwich, November 3d, 1784; and to have been drawn by Charles Davis for payment of the sum of six pounds six shillings to Charles Readhead , or order, at two months after date, directed to Mr. J. Dicknor, and Co. No. 21, Duke-street, Manchester-square, London; accepted J. D. and Co. with intent to defraud John Dutton .

A second count, for uttering the same knowing it to be forged.

The Prosecutor and witnesses not appearing the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850406-43

457. GEORGE GILLING was indicted for feloniously stealing, on the 19th of March last, one silver snuffer stand, value 35 s. the property of Joseph Fakeney , Esq.

JOSEPH FAKENEY , Esq; sworn.

On Saturday the 19th of March, I lost a silver snuffer stand, but how it was conveyed out of the house, I only know by hearsay; I believe it will be necessary for me to mention the manner in which the prisoner was apprehended; I should not taken so much notice of this trifling ma but on the Wednesday following, I lost a considerable quantity of plate in the same manner, and I did not know, but it might be the same man in a different garb: I saw the prisoner on the Monday following, one John Lee , a constable, saw the prisoner before the Justice upon another charge, and sent for me; the prisoner at first denied it; but afterwards he said, it did not signify, I did take it; and immediately after that I had it conveyed to a person whom I do not know whether I should name, it is a common receiver, and says he, I received fifteen and sixpence for it; there were no promises or threats made to him in the least.

MARY COOK sworn.

I am cook to Mr. Fakeney, I know the prisoner, I am sure of him, I saw him in my master's passage the 19th of January, he came there with a foolish excuse, and said my master had ordered in some coals, it was seven in the evening; he rang at the bell, I opened the door, he said, he came from Mr. Steel, I told him Mr. Wilks served us with coals; he said, Mr. Wilks and Mr. Steel were partners; I said, I could say nothing at all to it, as my master was not at home; he said, he was going a little further and would call again presently, he returned in ten minutes, I told him my master was not come in, he then said, it was a very cold night, and he was very dry, would I give him a little small beer, which I went to draw; when I came up, he was gone, and the street door left open; the parlour door was open, as it was when he came.

JOHN LEE sworn.

I took a description of the prisoner, and I took him, and as soon as Mary Cook saw him, she declared he was the very person.

JOHN EDWARDS sworn.

I was at the Castle, in Cow-cross, on Saturday night, eating some supper with my father; and the prisoner came and called

was, he said, Jack, I have got a piece of state here, he shewed it me, it was a silver snuffer stand, he asked me to sell it; I asked him where he got it, he said at first he found it; I took and sold it to one Votier, who is not in custody.

PRISONER's DEFENCE.

I did take it, and I went down to Cow-cross, and this man said, he would sell it for me, and he went and sold it in Sharp's-alley, to one Isaac Votier , and he came again, and said, stop a little.

Court. Did any body set you on doing this before hand? - No, please your Lordship, I did it for want; I never did such a thing before, I have been out of work a long while, I work in the coal work.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850406-44

458. JOSEPH INGRAM was indicted for feloniously stealing, on the 23d day of March last, one iron bar, value 5 s. belonging to Richard Russell and Edward Slater , and then and there fixed to a certain building, called a glass-house, there situate .

The watchman stopped the prisoner with the bar, which was hot.

GUILTY .

Privately whipped .

Tried by the second Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-45

459. HENRY JAMES was indicted for feloniously stealing, on the 5th of April , one hundred and one pounds weight of mutton, value 39 s. the property of Thomas Cator .

The prisoner was taken offering the carcase to sale to Nathaniel Cooper .

GUILTY .

To be whipped and confined to hard labour twelve months in the House of Correction .

Tried by the second Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-46

460. DANIEL HUGGINS was indicted for feloniously stealing on the 29th day of March , one wooden till, value 6 d. and five shillings and six pence in monies numbered , the property of John Davison .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-47

461. The said DANIEL HUGGINS was again indicted for feloniously stealing on the 29th day of March last, one cat-block, made of wood and iron, value 20 s. the property of William Gaston .

JANE HUNT sworn.

I was in the compting-house of Mr. Gaston, on the 29th of March, in the afternoon, while the men were gone to dinner, and whilst I was there, somebody called out, that a man had stole one of the blocks that hung at the door; I ran and saw the prisoner taken with the block on his shoulder; it was my master's, it hung at the door, and there was a block missing from the door; I went in danger of my life, and the prisoner was very rude; I stopped him, and shut him up in the compting-house, and kept him there till Francis came.

- FRANCIS sworn.

I assisted in taking the prisoner.

Prisoner. I was asked to carry a load.

GUILTY .

Whipped and confined twelve months in the House of Correction .

Tried by the second Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-48

462. GEORGE WILKINSON was indicted for feloniously assaulting John Clark , on the King's highway, on the 9th of March last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, four linen shirts, value 20 s. and one linen stock, value 1 s. a pair of worsted stockings, value 3 s. and six linen handkerchiefs, value 6 s. the property of James Grant .

(The witnesses examined apart at the request of the prisoner.)

JOHN CLARK .

Court. How old are you? - Ten.

What is your name? - John Clark .

Do you know what you came here for? - I do not know.

Who has done you any harm? - George Wilkinson .

Where do you live? - In Swallow-street, St. James's, Piccadilly.

What friends have you? - An uncle and aunt.

No father or mother? - No.

Have you been to school? - No.

Have you been learned to read? - I have learned to read at home.

To whom? - To my uncle and aunt.

Can you say your catechism? - No.

Jury. Do you say your prayers of a night? - Yes.

Court. Will you be sure to speak the truth? - Yes.

Remember that you are to speak the truth, and nothing but the truth? - Yes.

Court. Swear him.

JOHN CLARK sworn.

Court. What is your uncle? - A hairdresser and peruke-maker.

Had you any thing taken from you? - Yes.

When was it? - The 9th of March.

What part of the day? - Between six and seven.

In the morning or evening? - In the evening.

What day of the week was that? - A Wednesday.

Where was you going? - Into Swallow-street.

From where? - From Catherine-street.

Was you going home? - Yes.

Whereabouts was you attacked? - Just in Bridge's-street .

What had you with you? - A bundle of clothes.

Where had you brought them from? - From Mr. English's.

Where did he live? - The bottom of Catherine-street.

Had you been sent for the clothes? - Yes.

Who sent you? - My aunt.

What orders had you from your aunt? - I was told to go and fetch them, and take care of the things.

What things? - The things to wash.

For who? - For the gentleman.

What gentleman? - The gentleman that lost the things, that lives at Mr. English's, his name is Grant.

How came you to be sent for them? - Because my aunt wanted to wash the next day.

Was you by yourself? - Yes.

What happened to you in Bridge's-street? - A man threw down a penny, and snatched the bundle.

Did he meet you, or come behind you? - He met me.

Which side of the way was you going? - The left hand.

Did he speak to you first? - No.

Did he speak to you when he threw down the penny? - No.

Where did he throw the penny? - Just facing of what-do-ye-call-it court.

In the foot-way, or in the road? - In the path-way.

How was you carrying the bundle when he snatched it? - I was carrying it in my hand.

Which hand? - In my left hand.

Did you pick up the penny? - Yes.

What became of the man? - I pursued him.

But you staid to pick up the penny first? - Yes.

Which way did the man go? - Across the way.

Which way did he go then? - He ran into Russel-court.

Did you overtake him, or did you lose him? - I overtook him.

Where did you overtake him? - In the court.

In Russel-court? - Yes.

Where was your bundle when you over-took him? - I do not know.

Had he your bundle? - No, Sir, he had not it then.

When you overtook him, what did you do then? - Why he was taken, Sir.

Did you cry out? - Yes, Sir.

What did you say? - I cried out, stop thief!

What became of the bundle, can you tell? - No, Sir.

Did you ever get your bundle again? - No, Sir; we heard it was sold for seven shillings and six-pence.

By whom? - By another man.

Did you see more than one man? - Yes, there were three men.

Did they all three come up at once to you? - Yes.

Did either of them talk to you? - No.

Did they bid you take the penny? - No.

How came you then to stoop to take it up? - I took it.

Did you give them your bundle, or did they take it? - They took it.

Do you mean against your will? - Yes.

What was in the bundle? - Four shirts, one stock, a pair of stockings, and six handkerchiefs.

Did you see the bundle tied up? - Yes.

Who do the things belong to? - To Mr. Grant.

Had you ever seen Mr. Grant before? - Yes.

Who was the man that was stopped that you pursued? - George Wilkinson .

Do you know him? - Yes, that is the man.

Do you know that he was one of the three men that stopped you? - Yes, he was one of them, he threw down the penny.

You are quite sure he was one of the men? - Yes.

Who was it snatched the bundle? - That man.

How came you to know which way he was gone? - Because I kept sight of him.

What when you was stooping down to pick up the penny? - Yes, I kept sight of him.

You was going from Russel-court? - Yes.

You was in your way home? - Yes.

Which way was you turned when you stooped to pick up the penny? - Towards Russel-court.

Then you could see him at the same time you picked up the penny? - Yes.

Was he never out of your sight? - No.

Was not he out of your sight when he got into the court? - No.

In what street is Russel-court? - In Bridge's-street.

How far from the court was it that the penny was thrown down? - Just facing the court.

JAMES GRANT sworn.

I remember this child coming to Mr. English's for some linen; I delivered to him the things mentioned in the indictment; I knew nothing of the fact till I was sent for the next morning up to Bow-street; I never saw my property any more.

WILLIAM MARTIN sworn.

On Wednesday, the 9th of March, I was standing in Drury lane, talking with an a quaintance, opposite White Hart-yard, between six and seven, and that gentleman came out running.

Who do you mean by that gentleman? - The prisoner; he came out of Russel-court, and they cried out, stop thief; and the boy he came crying, and said, that man has got my bundle; I suppose there were twenty or thirty people after him; the boy was about twenty or thirty yards behind him; I followed him down White Hart-yard, and caught hold of him in Clare-court.

What pace did he go? - He ran as hard as he could run; we took him to Mr. Young's, a tobacconist, and brought the boy to him, the boy had a penny in his hand; says the boy, take your penny, and give me my bundle; the prisoner said, he had not his bundle; says he, you have given it to one of the two men that was with you; no, says the boy, you took it from me. The prisoner said, at Sir Sampson Wright's, that the boy said he was going to fetch a penny-worth of butter for his mother; and the boy said, he did not say any such thing, for, he said, his mother lived at No. 20, in Swallow-street.

Court. His mother? - He called her his mother at that time, but it is his aunt.

Prisoner. The boy was quite in a different story before, at Sir Sampson Wright's, they have had him this month, and been training him up; I am as innocent of it as a child unborn; I know nothing of it.

Court. Have you anybody to speak for you? - I had a person just now in the Bail-dock, and I have sent him for my master.

What trade are you? - A coach-wheelwright; I work in Swallow-street, where the boy says he lives.

Then you have nobody here? - Not a soul, to my knowledge.

How came you to be running? - I was not running; that is not the gentleman that stopped me.

GUILTY Of stealing, but not violently .

Transported for seven Years to Africa .

Tried by the second Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-49

463. SARAH WHITEHEAD , HANNAH TAYLOR , and MARGARET GARDENER were indicted for feloniously stealing, on the 24th of March last, two pieces of printed cotton, containing thirteen yards, value 20 s. the property of John Fieldsend , privily in his shop .

WILLIAM WOOD sworn.

I am shopman to the prosecutor, he is a linen-draper , No. 25, Oxford-street ; I remember the three prisoners very well, I have frequently see them come to our shop, sometimes two came together, and sometimes three; they came to deal, and did deal, on the 24th of March they came into our shop, and wanted to buy a little printed cotton for a bedgown; I shewed them two pieces, and they did not approve of them; I then shewed them four pieces more, and we soon bargained for three yards; that is a pattern for a bed-gown; they paid for that, and went away; I looked over my patterns, and as soon as they were gone I missed two pieces of prints, I told my fellow shopman to go after them, and they were brought back, and one of them dropped one piece, and the other dropped another piece; I saw Gardener drop one piece, and Whitehead another.

Court. Are you sure the other woman was with them? - I am sure of it, she bought the bedgown; the other two said they came along with her; they did not ask to buy anything; these were the first two pieces I shewed them, here is my

master's mark on one of them, in my master's own hand writing.

(Deposed to.)

What is the value of those two pieces? - Twenty shillings both; one 9 s. 6 d. and the other 10 s. 6 d.

WILLIAM GOLDSMITH sworn.

I was going down Oxford-street, and just as I came to the prosecutor's I saw these three women coming out of the shop; I did not know them before, but I am positive these are the women; I followed them, and at the corner of Rathbone-place I saw Margaret Gardener drop a piece of cotton, that was one door from the shop, it dropped from under her petticoats, and I saw the prisoner Sarah Whitehead picked it up; she put it under her apron, and walked off till she came to the next turning, then she set a running as fast as she could run; the other two followed her very slowly till they came to the turning, then they mended their pace after her; I told the prosecutor, and he said they had robbed him of a piece of cotton; the young man had overtaken them while I went into the shop; I did not see the young man at all, till he was coming back; I saw them brought back, and Margaret Gardener who dropped the piece before, dropped another piece; and I said, you have dropped another piece from under your clothes; and she said, what I? I said, yes, you have; the piece was taken up, it laid under the compter; I did not say any thing to her about dropping a piece before.

Prisoner. He said before the Justice, he saw the other woman drop it, and pick it up. - I did not.

THOMAS KING sworn.

I was going of an errand to Well-street, and standing opposite to Rathbone-place, I saw Whitehead drop a piece of linen or cotton, and she took it up herself; I informed Mr. Wood of it; the young man went after them directly, I did not see him overtake them; I was in the shop, I saw them come back, we met the young man and the three prisoners coming back, I am sure those are the three; she dropped it in the crossing Rathbone-place.

Court to Goldsmith. When did you see her drop it? - At the same time, but there were two pieces dropped separate.

PRISONER TAYLOR's DEFENCE.

I was out selling apples and things, and I saw this young woman; I told her I was going to buy a bit of cotton for a bedgown, I knew the prisoners before, as we all deal at market; they both went in with me, and I bought this for a bedgown; after I paid him we all three came out of the shop together; I saw no cotton, nor any thing; walking together in Hanover-yard, a gentleman came after me, and I went back with him readily.

SARAH WHITEHEAD 's DEFENCE.

I had nothing about me, I went with this young woman to buy the cotton, and lent her three shillings to pay for it; I went back, knowing myself innocent.

MARGARET GARDENER 's DEFENCE.

We met Taylor, and went with her, and each bought some, and she dropped her piece of cotton out of her hand, and this young woman picked it up, and gave it to her; I never saw any other cotton; the piece of cotton the gentleman says I had, he said before the Justice he picked it up between two women in black cloaks in his shop.

S. WHITEHEAD, M.GARDENER,

GUILTY , Death .

H. TAYLOR, NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Justice NARES.

Reference Number: t17850406-50

464. THOMAS SIMMS was indicted for feloniously stealing on the 26th day of March last, two yards of painted floorcloth,

value 9 s. the property of John Barnes .

The witnesses examined apart at the request of the prisoner.

JOHN BARNES sworn.

I live the corner of Bow-street, Bloomsbury ; I only speak to the property; I lost two yards of floor-cloth; Edward Wallis brought it in.

EDWARD WALLIS sworn.

I am servant to Mr. Barnes; a person came into the shop and said, there is a piece of cloth of yours stolen; I immediately made after the prisoner, and took him the corner of Bloomsbury, with the property upon him, he had it under his arm; I told him, that is my master's; he said it is not; I said, it is, I immediately took him to the Justice's.

Who has had the care of it? - It was two days in the public-house, in the cellar, I wrote my name at the top of it when I took it from him; it is written in ink on the cloth, it has been in my custody all but those two days; I saw it in the shop some days before; I saw it the day it was lost.

Mr. Silvester, Prisoner's Counsel. Mr. Wallis, that cloth you marked, is the cloth you took from the prisoner? - Yes.

But before that, was there any mark upon it? - All the mark was, that there was a piece cut out of it, no particular mark besides.

It is a remnant, is it not? - Yes.

You had a remnant in your shop? - Yes.

Do not you sell floor-cloths for any room? - Yes.

Then they are cut to any shape that is wanted? - Yes.

Was there any shop mark, or any writing upon that cloth that you lost out of your shop? - There is the King's stamp.

Then you know it by the King's stamp? - Yes.

Did you ever see any floor-cloth without the King's stamp? - No.

ALICE NEWTON sworn.

I know this to be my master's cloth, by this bit being cut out of it; I saw it about an hour before it was missed; I do not know any thing about cutting out the piece, but I observed it was cut out before it was lost.

Do you ever serve in the shop? - Yes, sometimes.

You particularly observed that piece had been cut out so? - It was cut out for the passage where it was laid down.

Mr. Silvester. You went to the gentleman's house where it was cut off? - No, Sir.

How do you know it was cut off for the passage? - The man said so.

Where is the man that laid down the floor-cloth? - He is not here, he is a carpenter, he worked for my master, and he cut it off; I do not know his name.

Do you know every piece of cloth in your master's shop? - Yes, I do.

How many pieces are there? - I cannot say, there are a great many pieces.

Do you know how any other of them are cut? - They are generally cut straight.

Court to Wallis. Who cut that piece off? - A man that worked for me, a carpenter, I saw the piece when he brought it back, he took the piece out with him, and the piece was cut so, I painted it.

How much of this kind had you painted before? - Many thousand yards.

And how many thousand yards of this kind are there about town, of your painting? - I cannot say.

Court. Are you certain you painted that? - Yes.

Court to Wallis. Do you remember that piece going out of your shop to be fitted any where? - No.

PRISONER's DEFENCE.

I was going up Broker's-alley, to Drury-lane, there was a broker who stood at the door, and a man was selling a piece of floor-cloth, it measured two yards and almost a quarter; the broker offered the

man six shillings for it; I stood by when the man was coming away, I offered seven shillings; he said, you shall have it; I gave him two half crown pieces, and two shillings; he said his name was John Harris , and was to be found at the Feathers, in Holborn; I took it under my arm, and the witness stopped me; the prosecutor said at the Justice's, he did not know how many yards there were; they none of them knew the contents of the piece; then I was brought out of the Justice's again, and Mr. Barnes insisted upon taking it from the constable, into his possession; then he took it home, and kept it two days and two nights, and brought it back to the Justice's; then he swore to it; then the Justice asked the girl, and the man, whether I was running or walking; they said, walking, very gentle.

Mr. Barnes. When I was before the Justice, I knew it to be my property and work, but I could not tell what was left of it.

Court to Wallis. Where was this kept?

Prosecutor. I took it from the constable, who had no business with it; and I gave it to Wallis.

Did he say then how he came by it? - Not to me he did not.

Did you hear him say it to anybody? - I heard him say it before the Justice, that he bought it.

Did he say of whom? - No, I did not hear in particular who he said he bought it of.

Prosecutor. I was not there before Monday.

Did he say what he had given for it? - I think he said three shillings and six-pence for it.

For the whole of it? - Yes.

Are you sule of that? - Yes.

How near was it to the prosecutor's where you took him? - About a hundred yards.

Mr. Silvester. What street was it in? - In Hart-street.

Prisoner. It is above a quarter of a mile from the place.

Court to Prisoner. Then you know the prosecutor's shop, do you? - I have been the shop before, I have been past it a hundred times.

Court to Prosecutor. How far was it from your shop? - Between one hundred and two hundred yards.

Court to Wallis. How came you to go in pursuit of him? - I was told of it by a young woman, that came into the house; I followed in about five minutes, I saw it about a day or two before.

Prisoner. Here was a man here that saw me buy the cloth, his name is George Trotter .

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. Justice NARES.

Reference Number: t17850406-51

465. WILLIAM ANDERSON and THOMAS SAMS (a child between eleven and twelve) were indicted for feloniously stealing, on the 2d of March last, eighty-four pounds weight of lead, value 10 s. the property of Thomas Humston , then and there affixed to a certain building belonging to the said Thomas, against the statute .

THOMAS HUMSTON sworn.

I live in Tufton-street, Westminster, the building where the lead was taken from, is in Baker-street, Enfield town ; it is a house of mine: I went down to Enfield on Wednesday the 2d of March, being informed that two boys were taken up, on suspicion of stealing some lead at Edmonton, by Mr. Brown and Mr. Erwood; on the Thursday morning I went there, the person had quitted the house, and left the prisoner Anderson in care of it, my tenant had failed; I went on the outside, for I

could not get into it, but I was informed the boys were both to be examined at Mr. Wilmot's; on the Saturday following I went there, and the father and mother both were there, and the father had got the key of the house from the big boy, who had been left in possession of it; on the Sunday following I went down with Mr. Brown, and we went up in the house, we got out of the garret window, there are seven dormer windows, with flat caps of lead going to the south parapet wall; I missed a great deal of lead, that was all gone, likewise some more lead at the end of the gutter; one of the dormer windows was totally stripped, we measured that window, and tried the measure by the lead, and it corresponded exactly, it fitted the nail holes, and every thing.

JOHN BROWN sworn.

I live at Edmonton, I am a plumber and glazier, and I happened to be the constable; the prisoner Sams came to my house, to know if I would buy some lead, that was the 2d of March, he said a gentleman had failed in the house, and his mother had washed for him, and the gentleman had given them lead out of a cooler, he said the plumber at Endfield would not give them money enough, and his father was at the Rose and Crown, I told him to bring it, and he brought it the same morning; I informed Mr. Erwood the Churchwarden; I opened the lead, and saw what it was, and in going out of the house, along with the prisoner Sams, he pointed to the other prisoner, says he, that is my brother, he was waiting at the corner of the street for Sams, the lead was three quarters weight, he brought it to me wrapped up in a garden matt, Anderson directly as soon as he saw Mr. Erwood and me coming, ran up the street, he was stopped; I examined it afterwards, and it is the lead that came off that dormer window, which the prosecutor mentioned; I have the particular marks of the dots of the solder, which I can mention, the nails in taking if off, are drawn out, here are the nails that answer to the solder.

JOHN ERWOOD sworn.

On the 2d of March last, Mr. Brown the plumber came to my house, and informed me as he has told you; I went with him to his shop, and there I saw the prisoner Sams, I asked him where he got that lead, he said it was his father's, and his father got it out of a cooler, I saw it was never in a cooler, says I, you rogue you have stole it, he made no answer, he said his father was at the ale-house; we went to take the father, coming out I saw a man begin to run away, says the young one there is my father, that is he that is running, when I took him, he said he was no father to him, says he, it is my brother, however since I find they are no kin at all: I brought them to my house, and the prisoner Anderson confessed he had stole this lead, and told me where he had taken it from, I promised him no favour, I told him I was sure he had stole it, he said he took it from the back front of the house, he did not say whether it was a door or window; I know nothing of the two boys, the livey at End-field.

How old is the oldest? - I do not know.

PRISONER ANDERSON'S DEFENCE.

The gentleman that I lived with had a misfortune, he failed in his business, he had his goods sold, and he made over the lease of his house, which had five years to come, to one Mr. Thorley; I went to Waltham Stow, and when I returned, several people told me not to go in, for they had seen a man about the premises; I saw the lead lay there, I brought the lead and laid it in the garden, and two or three days after I took it to sell.

PRISONER SAM's DEFENCE.

This gentleman came up from out of the country, the day the trial was coming on; one morning as I was going by, he called

me to go into the house with him, and we found the lead in the house; we saw thre foot steps of a man in the garden, then we took it to Mr. Brown to sell.

WILLIAM ANDERSON , GUILTY .

Whipped , and confined twelve months in the House of Correction .

THOMAS SAMS , GUILTY .

Whipped .

Tried by the first Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-52

466. JOSEPH BOWLAS was indicted for feloniously stealing, on the 28th of February , one cloth great coat, value 10 s. the goods of the Right Honourable Welbore Ellis , privily in his stable .

EDWARD WELLER sworn.

I am coachman to the Honourable Welbore Ellis; between the 28th of February, and the 1st of March, a great coat belonging to him was lost out of my stable; I came in about half past eight, on the 28th of February, and hung up my great coat, and I missed it the next day; in the course of three or four days, I was sent for to the Justice's, there I found it; it was very much broke, and wore under the arm, I can swear to the coat; I never saw the prisoner ll I saw him at the Justice's.

Was your stable door locked or opened? - It is always open when we clean the carriage, but locked when we are not there, I received it from Blacketer.

WILLIAM BLACKETER sworn.

I saw the prisoner standing with two more, with the great coat under his arm, that was the 28th of February, beteen eight and nine in the evening, after the office was over, he was standing in the passage, joining to the watering house in St. Giles's, I went up to look who it was, I was not certain whether it was the prisoner, and as soon as be saw me come up to him, he run away, and he flung the box coat at the back of the water tub, and I pursued him, and I fell down, it was very slippy, he got up, I told him, says I, I know you perfectly well, and if I do not take you now, I shall take you at another time; he was taken about a week or a fortnight after by Dixon and Mumford, I am quite sure of the man, I took the coat.

Mr. Peatt Prisoner's Council. How long have you known the prisoner? - This twelve month.

How came you there? - I go by frequently.

By whose desire was you there? - By my own desire, going along about my business.

Do you know where the prisoner lives? - I know he works there, but I do not know where he lives.

Is not his master's house near there? - Yes.

Are you connected at all with the gentlemen at the Public Office, in Litchfield-street? - I know them all, I met him promiscuously.

Do you know Mr. Messenger? - Yes.

What is the prisoner? - I always looked upon him to be a waterman.

Is it usual for such men to take care of great coats? - I believe it is.

What conversation passed between you and Messenger, concerning this man? - None at all.

He did not desire you to fix this man with this property? - Never.

PRISONER's DEFENCE.

Two men came by on the Monday night, and called me out of the public house, and asked me to buy a great coat, yes, say I if it is worth my money, I gave him half-a-crown directly, and he pulled it, if his back; Blacketer said you have been on this rigg a good while, and Mr. Messenger shall do for you, if it cost him have pounds; I have witnesses that Mrs. Messenger sent

for me, and said I will learn you to false swear against my husband; these two men came innocently to me, and called me out, and in a minute or two after Blacketer was behind.

(The prisoner's witnesses ordered to be examined apart.)

THOMAS HART sworn.

I am a coachman.

Mr. Peatt. Where do you live? - At present at St. Giles's, with Mr. Monk; I have been waterman there lately.

Do you know Messenger? - Yes.

A gentleman of Litchfield Office? - Yes Sir, I believe he is.

Usually called a runner? - Yes.

Court. Were you present when the prisoner was taken up by Blacketer? - No.

THOMAS LEWIS sworn.

I am a coach joiner, I live in St. Giles's, at the Rose and Crown, I work for Mr. M'Dougal, I know so far as this, I was in the public house, drinking a pint of beer, two men came in and called the prisoner out, that was on the 28th of March, about eight at night.

Court. What day of the week was it? - I cannot say.

How do you know it was on the 28th of March? - I took notice of it when he was taken up.

How long was this night before the prisoner was taken up? - I do not know, I remember hearing he was taken up.

How do you know what day of the month it was? - I heard say it was the 28th of March.

Who had you heard say so? - I remember the word being spoke.

When? - A week ago.

Who spoke it? - I heard it spoke in the room, nobody told me to speak about it, I heard it in his master's room, where the prisoner worked.

Who were present when the 28th of March was talked of? - Several people were present.

Name some of them? - They are not here now.

Who were they? - They were strange people to me.

What was they saying about the 28th of March? - They were talking about Bowlas, about his being taken up, I do not know any otherways, only by that

Then it might be a twelvemonth ago for anything you know? - Yes.

Be careful of what you say, if you swear false, I shall order you to be committed? - I was at the Rose and Crown, in Broad Saint Giles's, and a man opened the tap room door, and called Bowlas out, he was sitting by the fire in a chair, drinking, he was a waterman; we had done work, he had not been out five minutes before he came in again by himself, he brought nothing in with him, I did not go out with him at all, I saw nothing afterwards.

- MONK sworn.

I keep the watering house, I have known the prisoner seven or eight months, I am his master, he always behaved very well since he worked for me, he was very sober and diligent.

Court. What character does he bear as to honesty? - I cannot say I ever found him guilty of any misdemeanor in my life, he might have robbed me, he has carried forty and fifty pounds of mine at a time.

JOHN BURGESS sworn.

I have known him these twelve months, never heard any thing but an honest character, he has watered my horses, and taken care of my coach, I never heard any harm of him in my life.

CHARLES DRURY sworn.

I am a coach master, have known him a twelvemonth, never knew any thing but an honest character of him.

Prisoner. At the time the men brought the coat to me for sale, my master was present and Mr. Blacketer declared the same before the Justice.

Blacketer. I saw the prisoner standing with two men, but I heard no conversation.

GUILTY 10 d.

Whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850406-53

467. GEORGE PIDGEON was indicted for feloniously stealing, on the 18th day of March last, one mare of a brown colour, price 4 l. the property of John Carter .

JOHN CARTER sworn.

I live in Park-street, Grovesnor-square, I am a cow-keeper ; I lost my mare out of my cow-yard, near where Tyburn used to be; I missed her between three and four in the morning.

Was she suffered to run loose in the yard? - No, she was in the stable.

Was the stable locked? - Yes, they took off the pantiles as I believe, and forced open the door when they were within side; I lost a bridle, saddle, and whip, I saw her about six on the 18th, she was a brown mare, seven years old, I have had her four years; I found her on the Saturday, in the hands of a watchman at Whitechapel turnpike, I first saw her at Mr. Glenton's, the Three Mackrell, at Mile-End.

- GLENTON sworn.

How came you by that mare? - Between five and six or a little after six, William Thornlow , one of our watchmen, brought the mare down to my house; I ordered him to detain the party, and put the mare into my stables; I am night constable.

WILLIAM THORNLOW sworn.

I am watchman, on Saturday morning the 19th of March, I saw the prisoner standing at the turnpike gate, at Mile End, Old-town, putting on a bit of a thong upon a whip, it was a little before five, I went and called the hour of five, the same time; the prisoner rode off, he had a horse with him, then he came back again for some tools which he left: he said, he was going to sweep a chimney, and while I went my rounds, he was gone off with the mare; I stopped the tools, and about ten minutes after six, he came back on the mare, and said, he wanted his tools; he came to Mile End watch-house for his tools.

What tools? - A sack, a chimney-cloth, and shovel, I had stopped them at the turnpike house, he had left them there, and he came to enquire for me, to know what was become of them, he wanted to go and do the job he was going about; I took him in custody, he was upon the mare's back, and I took him to the watch-house, whip, bridle, saddle and all; I dismounted him and took him to Mr. Glentons.

JOHN M'GUIRE sworn.

I am another watchman, I was with the last witness when he took the mare and the man, he told me he brought the mare from Wysbeach, in Cambridgeshire, and that he bought her two years ago of one Smith, a saddler in the town, and paid nine guineas for her; I know Cambridge, and I know there is such a man as Smith, a saddler; that is the mare that was carried down to Mr. Glenton's.

PRISONER's DEFENCE.

The mare was brought to me in the morning, I was walking up the street, and a man met me, and said, take this to Whitechapel, and stay till I come, and I will give you a shilling.

Court. How came you then to tell this man, that you had bought her at Wisbeach two years ago, for nine guineas? - No answer.

Have you any body to speak for you? - No, Sir, I have no friends.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-54

467. WILLIAM CHESHIRE , SOLOMON LEACH and ANN STEVENSON otherwise LEACH were indicted for that they, on the 28th day of March last, one piece of false, feigned, and counterfeit copper money, to the likeness and similitude of the good legal copper money of this realm, called a farthing, did make, coin and counterfeit, against the statute .

THOMAS CARPMEAL sworn.

Between twelve and one, I went in consequence of an information, to Craven-hill, near Bayswater , I got in at the back parlour, with Bowyer and Tring; I saw a place dug up, it was two feet deep, there were two presses it it, we went into the fore parlour, and there we found the two prisoners, sitting at a table, and eating bread and cheese, I searched Cheshire, and in his pocket I found this piece of cecil; I then went back to the hole where the two presses were fixed, and there by the large press were two dies fixed, and two farthings within the dies; they had received the impression.

Court. Did you examine the farthings with the dies? - No, I did not; round the press were a great quantity of farthings, and in the cutting press was a great quantity of cecil in blanks, here are some of the blanks: in the place was a hat hung up, which the prisoner Cheshire owned; the prisoners were very dirtily dressed, and their hands were very dirty.

Mr. Brown, Prisoner's Council. Was not this a kind of double house? - It is all under one roof.

Are they not two distinct habitations? - They communicate with each other, by a door which opens into the garden.

- BOWYER sworn.

I went into this house, I remained with the two prisoners, while the rest went into the other house; I was present when Cheshire owned the hat, which was in the place where the press was, he put it on his head: I was told a woman had been at the house, I went to a public house, and there found her, she had these farthings upon her.

- TRING sworn.

I searched the prisoner Leach, and in his breeches pocket, I found these two half-pence and farthings.

(Produced.)

JOHN CLARKE sworn.

I went to this house, there were two presses fixed, one with blanks and cecil, the other with a pair of dies; one was to cut the blanks, the other to give the impression: these farthings were taken out of Leach's pocket, that is all I know about that part of the house.

Court. Is there any body that can tell that these presses had been for a certain time worked.

Carpmeal. There is no doubt, from the appearance of what lay round the presses, there was a candle hung under the man's hat, and there were droppings of candle grease under the hat; they had the appearance of just coming from dirty work.

- DAVIS sworn.

This house at Bayswater belonged to me, I was present there when the officers came, there are two houses which are separate one from the other; the small apartment consisting of six rooms; I let them to one tenant: on the 3d of February, I went into the house and not seeing any body there I went into the back apartment of the two rooms where the hole was dug, and I saw these presses then standing: the day the officers came, I heard thumping and noise, about half past eleven, then they left off: Cheshire had been there ever since before Christmas; Leach and the woman I never saw till the Saturday before they were taken.

Mr. Franklyn, one of the moniers of the mint, proved the farthings to be counterfeits.

Court to Cheshire. How came your hat in that hole? - I lent my hat to a man that was in the place, he said, he would bring it again in two minutes; I am a smith.

THOMAS FLETCHER sworn.

I live opposite the Old Bailey, I am a smith, the prisoner Cheshire worked with me two or three times, for two or three months at a time, he is a handy fellow, I trusted him.

Court. How has your business been in general these last three months? - Very dead; I had seven or eight men at a time, I have scarcely enough for two now.

Mr. Silvester. Did you know Cheshire about Christmas? - I was in Worcestershire then.

Have you heard where he was in December? - I have not, I do not know.

The prisoner Cheshire called two witnesses to his character; one of whom said, he heard he was in trouble, on a suspicion of making half-pence.

PRISONER LEACH's DEFENCE.

My Lord, the prisoner employed me to make him some saddle nails for coach harnesses, last Saturday se'nnight, and he gave me a shilling in silver, and some farthings and halfpence, the farthings they took from me, were not all alike; the woman prisoner is mywife.

WILLIAM CHESHIRE , SOLOMON LEACH ,

GUILTY .

Each so be fined 1 s. and imprisoned twelve months, in Newgate .

ANN LEACH , NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-55

468. JOHN ETHERTON was indicted for burglariously and feloniously breaking and entering the dwelling house of Richard Lanceman , about the hour of nine in the night, in the 23d day of March last, and burglariously stealing therein, one feather bed, value 3 s. his property .

RICHARD LANCEMAN sworn.

I live in Rosemary-lane , the window of my house was open the 23d of March, between eight and nine in the evening; I was sitting by the fire, I heard a noise in the chamber, I went to the back door, and saw a man in the street, with his face towards the window, I saw my window open which was fastened before; I left a friend to watch and went up stairs, and he cried out, here he is! I found my drawers open and the bed and bed clothes in the front garret, rolled up in the middle of the floor; I came down, and the prisoner was in hold by my friend, I took him in doors and searched him, I found nothing on him: there was great appearance of his having got in at the window; he did not slip into the house, the street door was never open: there is a back door that goes into Saltpetre-bank, I cannot say, whether that was open or shut in the day time.

CHRISTOPHER TUCKER sworn.

I stood to watch the window, and I saw the prisoner put out his leg, to come out of the window, he dropped, and I secured him.

Prisoner. I never was in the house, I was coming by; I never was a thief.

GUILTY. Of stealing, but not of the burglary .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-56

469. JOHN BANDEBUS and JOHN COX were indicted for feloniously stealing, on the 7th day of April , one gown, value 6 s. the property of John Bartlett .

BOTH GUILTY .

Privately whipped .

Reference Number: t17850406-57

470. JOHN ASQUITH otherwise GILLET was indicted for feloniously stealing, on the 20th day of March last, one cushion made of woollen cloth and canvas stuffed with feathers, value 9 s. the proproperty of John Hughes and Stephen Brunsdon .

JOHN HUGHES sworn.

I live in Grosvenor-Mews, my partner's name is Stephen Brunsdon , the chair belongs to us both. on the 20th of March, between seven and nine in the evening, we lost a cushion belonging to our chair, it was taken out of the chair; I saw it a little after seven, it was afterwards found by Mr. Ryland, it is here now.

( Produced and deposed to.)

- RYLAND sworn.

On the 20th of March, between eight and nine, I took this cushion from the prisoner, in Flee-lane, he had it under his arm, I took him into custody, he said, he bought it, and gave two shillings for it; I did not ask him of whom.

Prisoner. Did not I tell you it was a pillow? - He did.

Prisoner. I thought it was a pillow.

Court to Prosecutor. How near is that to where your chair was? - Near two miles.

SAMUEL ROBERTS sworn.

I have had it in my custody ever since, I am a constable, it was delivered to me at the watch-house, and there the prisoner said, he gave two shillings for it; when I came to turn it down, I saw written upon it, Sir Henry Bridgman , then I suspected it had been stolen from some chair.

PRISONER's DEFENCE.

I had been up to Piccadilly in the evening about eight; to a son I have apprentice there; I met one Joseph Harrison , who is a waiter at Vauxhall, where I wait for the Summer season; I have been out of business since the beginning of December, I have a family of six children, and I told him I was in distress, and obliged to make away with the necessaries I had, and I begged him to give me any relief, if he was in business; he had that cushion, as it now appears to be, under his arm, we came together as far as Temple-bar, then he said, he was going to call of an acquaintance, a waite somewhere near Butcher-row, and desired me to wait for him at a public house in Fleet-lane, and if he succeeded; he would lend me a shilling or two, when the man stopped me, I was standing looking about for the house, and I did not know what I had till it was opened at the watch-house, I gave Ryland directions where to go.

Mr. Ryland. He gave me directions to this man, and I went there, but could not find any such person.

ANTHONY MUSSARD sworn.

I am a broker, I know the prisoner two years, he served me in my shop, after he had done in the shop, he used to go to be waiter at Vauxhall and Bagnigge-wells I trusted him, and he always behaved very well to me.

ANN CLARK sworn.

I have known him thirty-two years, when he was a child, he is about thirty-five years old, he was in the woollen manufactory, but when Fordyce failed, he owed him seven hundred pounds, that was the downfall of him; I used to go to see them when they lived in splendor; and he came to me, and told me that the American affairs hurt him, his business being dead; I can say no more, he had always a good character; he has dealt for thousands of pounds; there were gentlemen on Saturday who waited till ten, but they could not come to day to speak for him.

BELLA HIGHLAND sworn.

I have known the prisoner eight years, a very honest man in every thing; we emplayed him in the coal-way, he always brought change very honest and just; my husband would have been here, but he could not come; he was very much reduced

when we employed him; he has now a wife, and six children, in the workhouse, in very great distress.

NOT GUILTY .

Tried by the first London Jury before Mr. Justice NARES.

Reference Number: t17850406-58

471. SAMUEL DUNBAR was indicted for feloniously stealing on the 20th day of February last, two heads of raw hair, value 5 s. the property of Thomas Rowney .

GUILTY .

To be privately whipped .

Tried by the first London Jury before Mr. Baron EYRE .

Reference Number: t17850406-59

472. WILLIAM BROWN (aged fourteen) was indicted for feloniously stealing, on the 26th of March last, one pair of stockings made of silk and worsted mixed, value 5 s. one pair of silk and cotton, value 10 s. 5 s. three pair of mixed cotton, value 10 s. and one st ocking, value 2 s. 6 d. the property of John Butler .

JOHN ROGERS sworn.

On Saturday the 26th of March, between seven and eight in the morning, the prisoner came into Mr. Butler's shop and asked for a half-pennyworth of worstead, and gave me a shilling to change; and then asked me what a pair of stockings would come to that would fit him; I told him a pair of wove hose would cost twenty-pence; I shewed him some; he said they were too narrow ribbed; then I shewed him a second parcel, and he said, they were too large stockings; I went to the bottom of the shop, and as I returned, I thought his apron looked rather bigger than it was; I asked him to let me look at his leg, and when he held out his leg, I looked over the compter, and saw the top of one of the blue and white random cotton stockings under his apron; I laid down the parcels, and was coming from behind to shut the door; he immediately seeing that ran out of the shop as fast as he could; I followed him, and cried stop him! stop him! he was stopped in my sight, he was not out of my sight hardly; he dropped the stockings in three different places; I saw him drop them all; he was the same boy, I have no doubt; I took the stockings home, and put them in this paper; and I have kept them in my own possession ever since.

(The stockings produced and deposed to.)

EDWARD JOLLY sworn.

I was coming by Bishopsgate church, and I heard the cry of stop him! I let the boy go by; I turned round and saw him throw down some stockings; then I returned after him, and when I got to the corner of the church-yard, I saw him throw down some more; another man crossed to him, and stopped him; he was out of my sight, just turning off the stone the corner of the church-yard.

The prisoner called four witnesses who gave him a very good character.

GUILTY .

To be twice whipped .

He was humbly recommended to mercy by the Prosecutor and Jury.

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17850406-60

473. WILLIAM BOLTON , otherwise RICHARD BOLTON was indicted for feloniously stealing on the 1st day of March last, twenty-six pounds of butter, value 12 s. and one wooden cask, value 4 d. the property of William Brown .

The prisoner was taken with the butter on his back.

GUILTY .

To be whipped and confined twelve months in the House of Correction .

Tried by the second London Jury before Mr. Baron EYRE .

Reference Number: t17850406-61

474. GEORGE WARD and THOMAS CONNOR were indicted for feloniously assaulting Alice, wife of Thomas Weldon , on the 4th of April , on the King's highway, and putting her in corporal fear and danger of her life, and feloniously taking from her person, and against her will, one pair of linen sheets, value 10 s. eleven linen napkins, value 11 s. one table cloth, value 3 s. a Marseilles petticoat, value 2 s. a dimity petticoat, value 2 s. a flannel petticoat, value 1 s. a dimity petticoat, value 1 s. two frocks, value 2 s. four shifts, value 6 s. six cambrick handkerchiefs, value 6 s. two pair of pockets, value 6 d. eighteen towels, value 9 s. one apron, value 6 d. and one pair of cotton stockings, value 6 d. the property of George Franklin , Esq.

ALICE WELDON sworn.

I was robbed between eight and nine, on last Monday night; I was standing with my basket of clothes waiting for a person, and the two prisoners came up to me, and Connor demanded my basket; I told him no; he put his hand upon my basket, and asked me to deliver it.

Court. Tell me exactly what he said? - He said to me, deliver the basket, that was all; I told him no, I would not part with my basket, it did not belong to me; with that the other prisoner, Ward, struck me down, and the other prisoner ran away with my basket; I screamed out murder! stop thief! I kept crying still the same, and I ran after Connor, and the prisoner Ward followed me, he swore a blasphemous oath, and said, you bitch, I will soon stop you from following him; he catched me by the throat, and attempted to throttle me; I got his hand from my throat, and then he gave me another knock, and knocked

me down under a coach wheel, and then he left me; the other man was caught with the linen, and brought to me in five minutes after.

Did you know these people before? - No.

What opportunity had you to observe them; - They stopped several minutes, and I looked very hard at them; they stood within a yard of me, they stood close by me; I said nothing more than what I have told you; they stood the space of three minutes.

What light had you to see them by? - The corner lamp.

Can you swear you had an opportunity of observing them, so as to know them again? - Yes, I can swear it.

Are you very sure of them both? - Yes, I am very sure of them both.

When was Ward taken? - Not till the other was at the watch-house.

How long after? - It might be the value of ten minutes.

In whose possession has the linen been since? - In the possession of Margaret Innis .

Who delivered them to her? - One Mr. Franklin.

Prisoner Ward. That woman has sworn very false in what she has said, therefore let them be examined one by one.

MARGARET INNIS sworn.

About eight in the evening, I went to the house of Mr. Franklin, where I received that linen in the indictment, from the housekeeper, I gave it to Mrs. Weldon; I had to call at a gentleman's house in Portman-square; and told her either to stop at a corner of a street, or to go home to my house; when I came back to the corner of the place she was gone, I went straight home, and before I got home, a gentleman came to me to come to Mary-le-bon watch-house, for the woman was knocked down and robbed, but she was taken there, and the linen and all was safe; I went there that night between nine and ten, and saw the linen; I saw no persons in custody that night; I was told to go there at ten in the morning; then I went to the office in Litchfield-street, there I swore to the property, and it was delivered to me at Litchfield-street; I took home the linen; it has been in my possession till I brought it here; this is the same that was delivered to me at the office; it is the property of Mr. Franklin.

(The linen produced and deposed to.)

RICHARD BARON sworn.

My brother lives at Lord Foley's, I had been to Seymour Mews, and I heard a woman crying out murder! stop thief! and I went up, and I saw the prisoner Ward in the light colour coat knock this woman down; and the other prisoner was running in the street with a basket of linen in his arms; I caught hold of the flap of his coat, and I fell down, and another young man that is here, came and caught him, and he flung down the basket of linen; and that young man, when he saw he was near being taken, he ran into Mary-le-bon lane, and another young man stopped him.

Was he never out of your sight after he dropped the basket? - No, he was not, I was within a yard of him all the way he went; the other prisoner, Ward, came up, and said to the man that caught him, what are you going to do to him? and he called him a rascal, and said, why do not you take him to the Justice's, and he struck him; and Ward came up to the watch-house, and he was very busy there, and said, they had no business to use him so, and damned his eyes, and said why did not they carry him there; he stood at the door, saying a good deal to several people, and a man was saying to him, what business have you to busy yourself with it? and I came up and said, this is the man that I saw knock the woman down; so then he was taken.

Mr. Peatt, Prisoner Ward's Counsel. At what time did the prisoner Ward come up? - As soon as ever we laid hold of him, it might be ten minutes.

What did Ward say when he came up? - He damned him, and said he had no business to strike him.

What did Ward say when he was taken? - I do not know.

Did he attempt to escape? - No, not in the least.

THOMAS SWENDELL sworn.

I was coming from Portman-square, towards Cavendish-square; I heard the cry of stop thief! and I saw a man running with a basket towards us, and Richard James that was with me catched at the basket, and he flung it down, and we gave it to the woman; I did not see him taken.

Should you know the person that you saw throw down the basket? - Yes.

Is he in court now? - That is the man, the shortest of the two.

Are you sure of it? - Yes, Richard James that was with me picked up the basket, this all that I know.

RICHARD JAMES sworn.

As I was coming from Portman-square to Cavendish-square, as I passed Mary-le-bon lane, in Wigmore-street, I heard the noise of halloo! and stop thief! I crossed the way, and met Connor with the basket of linen, I tried to catch him, and he made a shift, and he threw it down, I immediately gave it to Weldon, and when I had so done, she said, my cloak lays under the wheel; there was a carriage just by, I gave it to her; as soon as ever the man dropped the basket he ran off; I did not see him taken; the prisoner Connor is the man that dropped the basket; then a person said he was taken; then I went to see him, and it was the same man, they said they would take him to the watch-house; I said no, bring him to the woman.

HARRIOT SPENCER sworn.

I was out a little after eight, and coming along Wigmore-street, I heard a woman crying out murder! I looked on the other side of the way, and I saw a man running with a basket, and he crossed the way, I saw the man throw down the basket, I did not see him taken.

Should you know the man again, whom you saw with the basket? - Yes, I knew him when I saw him in the watch-house.

Is he here now? - Yes, the man in the brown coat, Connor.

THOMAS DAVIS sworn.

I was coming along Wigmore-street on this night, and crossing Welbeck-street, the two prisoners came down Welbeck-street, and the woman with the clothes was standing by the side of the rails, and as they came to the woman, they made a full stop, and let me come by; I passed them; when I came to Mary-le-bon-lane, I heard a cry, and there was a coach coming along which drowned the noise, I heard the cry again, I run across, and Connor came running down down on the other side of the way, I struck at him, he run as far as Marybone-lane, and struck against a butcher's shop, and I caught him in my arms, tumbling in the kennel; I saw him do nothing, I am positive he was one of the persons that I saw near the woman.

PRISONER WARD's DEFENCE.

There is a gentleman come to the bail-dock, and he said, he was there at the first beginning and there at the end of it, and it is a pity that innocence should suffer; he says, his name is William Lare .

Mr. Peatt. Do you wish to have him called? - Yes.

WILLIAM LARE sworn.

I am a journeyman plaisterer; between the hours of seven and eight on Monday night, I was coming from Well-street, with a pot of colour in one hand, and some oil in the other, I saw a woman sitting upon a basket of clothes, and I heard the cry of stop thief! and I went and saw a man kicking and struggling on the ground, I gave him two or three good kicks, I came up to a man in a darkish dress, and there was a man holding him, and he was looking at him, they took up the man and brought him to the women with the clothes, and they ordered the people to clear the way, and she said, she was knocked down

by a man in a white coat, and the woman said, that man was not there.

Who was that man in the darkish dress? - I cannot tell, she said, the man in the darkish dress was the man that took the bundle, and the man in the whitish coat, was the man that knocked her down; there were several people shewn her, she said the man was not there, but the prisoner Ward was there the latest of the two.

Court. Did she see the two prisoners? - No, she saw one of them.

Did she see either of the prisoners? - I do not know that she did.

But you say Ward was there, you said just now, that the tallest of the two was there? - Yes.

Court. Did she look at either of the prisoners? - Yes.

Prisoner Connor. I have nothing to say, I have no witnesses.

BOTH GUILTY Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850406-62

475. THOMAS BATEMAN otherwise PARKER was indicted for feloniously assaulting Hannah Smith , spinster , on the 4th of April , on the King's highway, and putting her in corporal fear and danger of her life, and taking from her person and against her will, one miniature picture with plaited hair, set in gold, value 10 s. her property .

(The witnesses examined apart.)

HANNAH SMITH sworn.

I live in Fleet-street, I was robbed on Monday the 4th of April, about nine in the evening, about thirty yards below Johnson's-court , to the best of my knowledge.

Where was you going? - To Fleet-market.

Which side of the way is Johnson's-court? - The Shoe-lane side, I was walking down, and the prisoner and another young man taller than himself, stopped me; they rather past on about three yards behind me, and caught hold of me, and this prisoner took hold of my locket, which I had round my neck, and held it while the other attempted to cut my cloak off, I caught hold of his collar and held him, this picture hung in a locket to my neck, the string of the locket was broke, and he held the locket in his hand; I held him by the collar with one hand, and the string that hung to the locket by the other; I cried murder! stop thief! and about seven yards behind me, the constable got hold of him; I never loosed him out of my hand till the constable had him, and he was taken to the Compter; I kept the locket in my possession till the morning, and the constable has had it in his possession ever since.

What kind of a locket was it? - It was a miniature picture set in gold, a gentleman's picture with plaited hair at the back.

Who do you live with in Fleet-street? - I lodge in Johnson's-court.

Had you any conversation with these two young men? - I never spoke a word to them, till they were taken; I did not know them before.

Who do you lodge with in Johnson's-court? - One Mrs. Parker, at No. 2, she is a mantua-maker, I am a mantua-maker.

Do you work at your business? - Yes.

What was you going for? - I was going to buy some fish for supper.

How long had you been out? - I came directly from the place where I lodge to the market.

Had you spoke to any body before? - No, I never stopped nor spoke to any body.

Did they say nothing to you? - Nothing at all.

Prisoner. Sir, this woman that she talks of, keeps a house for these sort of girls to be in, and house of ill fame.

Court to Prosecutrix. How many people are there that lodge in the house besides you? - There is a married lady lives in the house, and the landlady, and myself, nobody

else, and she is a married woman, and her husband follows his business.

WILLIAM FORSYTH sworn.

I am an officer, I remember an out-cry on Monday night, I was in Fleet-street, I am one of the City patrols, between nine and ten, coming down Fleet-street, I saw the prisoner at the bar go up to this young woman, and snatched a gold picture from off her neck, he made two or three pulls at it, and before he got it off, she cried out murder! There was another in company with him, and the same time I ran up and seized the prisoner, he opened his hand, and the prosecutrix took the picture out, and one of them struck her on the breast; as soon as I took the prisoner in custody, the other made his escape, I took the prisoner to the Compter, and desired the young lady to give me her address; she was scarce able to walk at the time, and two gentlemen assisted her; here is the picture, I saw him snatch it.

(The locket shewn to the prosecutrix and deposed to)

Prisoner. Please to ask her, whether she is not a common street walker.

Court. If she was you have no right to rob her.

Court to Forsyth. Do you know the young woman? - I cannot say I do, I have seen her in the city or Norwich, but I have not seen her for three years.

Is she a person of character or no? - I cannot say.

PRISONER's DEFENCE.

I was going down Fleet-street with a young man, I sell greens and potatoes with a jack-ass, as I was coming home walking down Fleet-street towards the market, this young woman immediately ran after me, she was talking to this gentleman, she immediately ran after me, says she, this is the person that robbed me; and this gentleman took me, I had a person here, but I do not see him now, his name is Badcock, a leather-cutter, the corner of Westmoreland-buildings; when I was in the Compter, a person came and said, that woman had served him so, and the constable had served him with a warrant, that he should not appear.

Forsyth. His name is Simons, the warrant has been out against him this month, I do not know who he is, I imagine he was the same man that was with this prisoner.

Do you know any thing of this woman having served him so? - No.

Prisoner. This man promised to come and appear for me, she swore he drew a bayonet upon her, and would take her life away.

Court to Prosecutrix. Do you know any thing of this? - It is a thing that does not concern me at all, it is a young man that gave this gentleman the warrant, it was some time ago he met this young man, whose name is William Dennison , and beat him, he was going home to the other end of the town.

Court to Prosecutrix. Did you ever charge that man with medling with your locket? No, my Lord, I never did, he went to Guildhall to speak for the prisoner, and he was taken into custody.

What was he to have said for this young man? - Whatever he thought proper I suppose.

Upon your oath, did you ever charge that man with having taken your locket, or attempting to take your locket? - On my oath I never did attempt to charge him with it.

GUILTY , Death .

Tried by the first London Jury before Mr. Baron EYRE .

Reference Number: t17850406-63

476. WILLIAM BAKER was indicted for feloniously stealing, on the 14th day of March last, twenty five calf skins, tanned, value 40 s. the property of Lawrence Veissiere and John Osborn .

The prisoner and another man were taken in Duke's-place, with the skins, they

were offering them to sale; the other man escaped.

GUILTY .

To be whipped and confined twelve months in the House of Correction .

Tried by the first London Jury before Mr. Baron EYRE .

Reference Number: t17850406-64

477. SAMUEL HOLT was indicted for that he, on the 22d of November last, feloniously did receive twelve deal boards, of the thickness of two inches, and the length of ten feet each, value 20 s. the property of Joseph Waring ; whereof Richard Gardener was at the last assizes for Surry, tried and convicted of stealing, knowing them to be stolen .

(The case opened by Mr. Garrow.)

(Mr. Silvester, and Mr. Fielding, Council for the Prisoner.)

SAMUEL WELCH sworn.

This is a copy of the record of the conviction of Richard Gardner , I examined it with the record, it is a correct copy.

(Read and examined by Mr. Silvester and Mr. Fielding.)

Mr. Fielding. Your Lordship will order the accomplice to be sent out of Court.

JOSEPH WARING sworn.

I am a timber merchant, I lost some deals, there are marks on the edges to distinguish the Dram deals from other deals; Dram is a port in Norway; in consequence of an information from Marlow, I went to Chelsea, about the middle of December, they were lost about the latter end of October, I missed them before I went to the prisoner's, and I found such deals that I had not the least doubt they were my property; they were in a shed that the prisoner's wife told me belonged to the prisoner, I applied to the prisoner's house for such deals.

Court. How many deals did you find? - I did not count them, but there were I suppose ten or a dozen, that was about the number I lost; I am sure there was not more than what I lost, they were two inch yellow deals, called Dram deals; I think they are the same deals from the freshness of the deals in the first place, I am confident they have not been piled; deals that have been piled across each others, contract a mark, they had the Dram mark on the edge, and they were yellow deals, which is another particular circumstance, and not only yellow deals, but of that quality of yellow deals which is very remarkable; there are what we term best deals and last deals, these appear to me to be last deals.

Court. What is the specified difference between best and last? - The best has more of the heart of the wood, the last are more discoloured with the sap; I knew I had lost some deals, from a circumstance that we always make our observations upon, when a barge has lain at a wharf two or three days, the deals get a different complection, the top deals have a very different complection from those that immediately follow them, and the morning following the night the deals were taken out, there was the appearance of quite a difference in the barge, which shewed there must have been deals upon them the day preceding.

Mr. Garrow. Were those that were missing, taken up from the whole face of the barge, or taken from the top? - Taken from the whole face.

What was the value of those deals you found at the prisoner's? - I suppose a guinea.

How much apiece? - I value them at eighteen pence each.

Court. Are you the importer? - No, we buy of an agent, there are agents employed to sell to the yard keepers.

What was the prisoner, a carpenter? - No, he cuts up the wood, and these were too good for that; the prisoner keeps a coal shed, and sells fire wood, and keeps a

chandler's shop, he is an entire stranger to me, I never saw him till he appeared at Justice Hyde's.

To a carpenter at his shop, laid into him, what would the worth of these deals be? - At least a guinea, towards two shillings apiece.

Mr. Silvester. You are not the importer then of these deals? - I am not, they are imported from Dram.

What quantity of deals are imported from Dram, you do not know? - That is impossible to say, without we were to look at the entries at the Custom-house.

Therefore it is impossible for you to say what quantities come into this kingdom? - Yes.

Most of your deals, I believe, do come from Norway? - Yes.

They are not all assigned to you? - O dear! no.

Upon these deals there was no mark of yours? - No, only the mark of Dram, I cannot tell what quantity of those deals were on the river at that time, those that I lost were on board a barge, I had the care of them, the ship's crew loaded them.

When did you see the barge with deals upon it first? - Several times, it lay several days, I cannot tell when I first saw it, I remember the circumstance of losing the deals.

Are those the deals that Gardner was convicted of stealing? - Yes.

Mr. Silvester. Have you them here? - No.

Nor an end of one? - No; what I saw, I left there, I did not attempt to remove them.

Court. Did Gardener plead guilty? - No.

Mr. Silvester. None were produced at Kingston? - No.

There was a confession of Gardner's? - Yes.

EDWARD MARLOW sworn.

Mr. Silvester. Have you not been tried before? - No, I know Gardner, and I know the prisoner, I believe it was about the first of last November, here were four of us, William Ellington , Richard Gardner , William Brown , and myself, we rowed away with one of the waterman's boats from the Ferry at Chelsea about eleven at night, we rowed down to Mr. Waring's wharf, at Lambeth Marsh, I know it is his, because I have been there since, in company with Mr. Waring, we saw a barge loaded with deals, we went there and handed out eleven deals, we lifted them up to the boat, and rowed away to Mr. Holt's yard; we left them in the yard till next morning, and the next morning I saw the prisoner about seven in the morning in the shed, I asked him if he would have such a thing as some deals, he said, yes, he wanted some, so he asked me what they were apiece, says I, you know as well as I do, says he, here are several that I had for nine pence apiece, so then says I, I must have the same I suppose, so I went up with him to his house, and he looked out nine shillings, six shillings in silver, and three shillings in halfpence, and gave me them for the deals; sometime after this I told this story to Mr. Collinson, and he carried me to Mr. Waring, I went to Mr. Holt's afterwards, and saw some of the same deals that I carried from the wharf there, I am sure they were the same.

Did any other conversation pass between you and the prisoner about deals? - No, Sir, I had no other conversation with him.

Mr. Fielding. These deals were left in the prisoner's yard first, without his knowing any thing about the matter? - Yes.

Then he asked you what these deals were worth? - He used to have them very often.

Did not you live with Mr. Holt? - No.

Did not you work with him? - A little.

How long? - I believe a week at times.

How came you to part with him? - Because he had no more work for me to do.

Did not he discharge you, having objections to something you had done? - No.

Was not he obliged to take you up with a warrant, and carry you before a Magistrate? - That was afterwards.

How did that affair end? - I served a warrant upon this gentleman here, Mr.

Holt, and he served one on me, and so we settled the matter.

Who is this Mr. Collinson you have mentioned? - A gentleman that lives at Chelsea.

How came you to apply to Mr. Collinson? - Because that there day, as Mr. Holt and I had a few words, it was mentioned concerning these deals; Collinson was at the sign of the flask, he is a master tradesman at Chelsea, a vinegar merchant I believe.

How came you to apply to Mr. Waring? - I went with Mr. Collinson, because I was afraid that there would be some noise about the deals; I had left off thieving with them.

How many thefts have you been concerned in with them? - I do not know rightly.

You never was tried? - No.

You gave evidence did not you? - Yes.

What is Collinson to give you? - Nothing.

Has not he promised you something? - No.

Did Currie offer you anything? - Never.

Had you any conversation with any other gentleman respecting this business? - No.

Did you ever tell Mr. Rose, or Mr. Gardner, or Mr. Faulkner, or Mr. Groves? - No.

Did not you tell them you should never have thought of this, if you had not been urged to it? - I never said so to either of these gentlemen in my life, nor anything leading towards it.

Mr. Garrow. These persons I believe came to you in the gaol? - Yes.

One of them is the brother of that Gardner that was convicted? - Yes.

They were all examined at Kingston were not they? - Yes.

Court to Prisoner. Now Sir, do you leave your defence to your council, or do you desire to speak your self to the Jury.

Prisoner. I leave my defence to my council and your Lordship.

Mr. Silvester objected that the property was not produced.

Court. Property is never necessary to be produced, it is always convenient by way of ascertaining the property, and means of ascertaining it very often is my producing it in open Court; there is no technical rule that requires the production, the question will be, whether the Jury are satisfied, that these deals were Mr. Wing's property; there is no technical necessity for the production of the property.

Mr. Silvester. My Lord, it is incumben upon the prosecutor always to give the best evidence he can.

Court. Certainly, but with respect to property, sometimes it is so dirty it cannot be produced.

Mr. Garrow. It happens every day my Lord, for instance, a horse or a cow, they do not bring them into Court.

JOHN CARTER sworn.

I am a mason, I live at Chelsea, and am a near neighbour to Mr. Holt he keeps a chandler's shop, and is a coal merchant; I have known him four or five years, I never heard any thing against him, he is a house keeper.

Mr. Garrow. Did you know the prisoner, when he had an appointment in the Custom House? - I cannot say I did.

Is he a timber merchant? - I suppose he sells some little trifle to light fires with.

THOMAS TAYLOR sworn.

I am a carpenter, and live at Chelsea, about one hundred yards from the prisoner, I have known him four or five years; he has a very good character as far as I have heard.

Mr. Garrow. Perhaps as you are a carpenter, if you have an opportunity you purchase deals of him? - Never in my life.

Does he deal in them? - Not as I heard.

Cannot you put deal planks to a better use, than cutting them up for fire wood? -

I do not know, that is according to the quality.

Mr. Silvester. No person in the world can swear to deals? - No.

- RENNEY sworn.

I live in Litchfield-street, St. Ann's, Soho; I have known him upwards of twenty-five years, I can give him the best of characters, I knew him when he lived with the Princess Dowager of Wales, as chairman; he has a pension of forty pounds a year, General Maitland can give him a good character, I always knew him to be an honest man, here is a letter from General Maitland to shew his character.

Court. That cannot be admitted.

WILLIAM ROBERTS sworn.

I live at Kensington, I have known him ten years, I have been in company with him several times, his general character has been very good, a very honest man as ever I heard of.

RICHARD HUGHES sworn.

I live in King-street, Holborn, have known him four or five years, he bears a very good character.

JOHN BEACH sworn.

I am a coal merchant, at Chelsea, I have erved him ever since he has dealt in coals; I have known him near five years, I never heard any thing amiss of him, till this affair now before you; he always paid me very well; he is a man of credit, and honor, and of a general good character.

RICHARD MURREL sworn.

I have lived at Chelsea near five years, I have known him that time, an honest industrious man, his general character, to my knowledge, has been generally good.

- MUNDAY sworn.

I have know him about five years, and served him with beer, I never knew any reproach in his character, except a few disputes.

WILLIAM SMEYD sworn.

I live at Chelsea, I am of no business, I have known him five years, or rather more, I never heard but he was an honest fair dealing man.

CAPTAIN READ sworn.

I have known him between four and five years, I knew nothing amiss of him; I am overseer of the poor this last year, and we employed him to serve the work-house, he served us very well.

Court to Prisoner. You have a very good character, a great number of people appear for you, do you give the Jury no satisfaction how you came by these deals?

Prisoner. My Lord, I have none to offer now, I know it is a spiteful prosecution, by Collinson, Currie, and another, they have sought out this wicked fellow that lives by thieving.

Court to Prosecutor. Whereabouts was it you found these deals, in Holt's shed? - I went to his house, and found his wife; his premises consist of a small house, this shed is detached from the house, it is the same side of the way, to the best of my recollection; there are other houses, but the key I had delivered me by the woman, who stiles herself his wife, and there we found these deals, and others more valuable, and coals.

Court. Is there any body here knows it to be Mr. Holt's shed? - It was Mr. Holt's shed, he built it.

GUILTY .

Transported for fourteen years .

He was humbly recommended to mercy by the Jury and prosecutor, on account of his general good character, and being a very old man.

Court. What is his age? - Sixty-five, I lived twenty-seven years with her Royal Highness the Princess Dowager of Wales.

Tried by the first Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-65

478. PATRICK EAGAN otherwise M'GRATH was indicted for that he, well knowing that one Christopher Dalton , deceased, had served our Lord the King, on board the Naiad, and that certain wages and pay were due to him for such service, on the 2d of October last, did appear in his proper person, before the Worshipful Andrew Coltee Ducarell , Doctor of Laws, then surrogate, &c. and did then and there produce and exhibit a certain paper, partly printed and partly written, with a certain mark thereto subscribed, purporting to be the last will and testament of the said Christopher Dalton , bearing date the 5th of February 1784, and that he, on the same day, unlawfully, wilfully, knowingly, and feloniously, did take a false oath, to the purport and effect following, that is to say, that that paper contained the last will and testament of the said Christopher Dalton , and that he was the executor therein named, the said Andrew Coltee Ducarell then having sufficient power and authority to administer such oath, with intent to obtain probate of the said will, in order to receive payment of the said wages and pay, against the form of the statute .

A second count in like manner, only charging him, that he supposing such wages and pay were due, &c.

(Mr. Fielding opened the indictment and Mr. Baldwin the case.)

GEORGE PLAYER sworn.

Examined by Mr. Silvester.

I am a clerk to the Navy Office, these are the Naiad's pay books.

Is there the name of Christopher Dalton on those books? - Yes, I find such a name.

Were there any wages due to him at the time of his decease? - Yes Sir, eight pounds ten shillings.

When does it appear by these books that he died? - The 26th of December 1783.

Have you such a name as Patrick Eagan ? - Yes, he was rated able part of the time, and foremast man all the time.

Was he on board at the time when this other man died? - He appears to have been on board from the 4th of March 1783. till the 2d of June 1784, when he was paid off.

Have you any such name as William Barnaby , and John Stephens ? - Here is no such name as Barnaby, here is John Stevens .

Mr. Baldwin. These are the witnesses to the will.

Mr. Peatt, Prisoner's Council. Is that book kept in your department, in the Navy Office? - Yes.

SAMUEL HAWKINS sworn.

I produce the original will, as tendered by the prisoner at the bar; I produce the act of Court, of Doctor Ducarell , as to the oath being taken.

Mr. Peatt. Who are you? - I am a clerk of the Prerogative Office, I only attend with that will from the office.

Mr. Peatt. I beg leave to submit to your Lordship, that this will cannot properly be read here, it has not yet been proved.

Court. No, it has not.

JOSEPH SPECK sworn.

I am in the office of Mess. French and Abbot, proctors.

Do you know the prisoner? - I do.

Do you remember the prisoner coming to the office of French and Abbot? - Yes, in the month of October last, I do not exactly know the day.

Did he produce that paper? - He did.

What was the purpose of his application? - In order to obtain the probate of the will.

Was that the will that he wanted to have the probate of? - It is.

What steps did you take to obtain it? - I immediately wrote the jurata upon it, I took him before Doctor Ducarell , where the usual oath was administered, and he was sworn as the sole executor therein named.

Court. You was present when he was sworn? - I was.

And heard the oath administered? - I did.

Did you put this indorsement on it? - Yes, the indorsement is, that he proved the will, by the name of Patrick M'Grath, that is the name mentioned in the will; the indorsement is Patrick M'Grath, before me Andrew Coltee Ducarell.

Did you make this indorsement by order of the prisoner? - I did, and that he died in December last.

When did he prove that? - The 2d of October, 1784.

What is the date of the will? - The 5th of February, 1784.

Mr. Peatt. You are sure that is your hand writing? - Yes, I saw the oath administered.

Did you ever see the prisoner before? - Never but that time.

How long might he be with you? - A quarter of an hour in the whole I suppose.

Mr. Baldwin. What is the form of the oath? - The executor laying his hand on the Bible, swears that is the last will and testament of such a one, and that he is the sole executor therein named.

Court. Write me down the words of the oath, as the Doctor mentions it, I only want it for the Jury.

(The will read, signed Christopher Dalton , his mark, dated the 5th of February 1784, appointing his beloved kinsman, Patrick M'Grath, sole executor, in the presence of William Barnaby and John Stephens .)

JOHN GILES sworn.

Examined by Mr. Silvester.

I am a Navy agent, I know the prisoner, I remember his applying to me some time last October, to receive the wages of Christopher Dalton , deceased late belonging to his Majesty's ship the Naiade, accordingly I applied for the wages at the pay office in Broad-street, which I received, which I have since accounted to his order, not to himself, the probate was sent to me from French and Abbot, of Doctors Commons.

Did he afterwards come to you in consequence of that probate? - This order I received from him, by which I received the money at the office.

The order read, signed Patrick M'Grath, directed to the Honourable the Treasurer r Paymaster, of his Majesty's Navy, dated the 3d of October, 1784.

"Mr. Treasurer, please to pay to Mr.

" Giles the wages due to Mr. Christopher

"Dalton, for which this shall be your authority;

" Patrick M'Grath.

Mr. Giles. I saw the prisoner two or three times after that; after I had paid the money, I did not see the prisoner for two months after; about three months after I had received the money, I was informed by a Mr. Lock, that he had been applied to by a woman to administer to Christopher Dalton , in consequence of which he went to have the books searched at the Navy-office, and found the money had been paid to me; I carried the book to Mr. Lock, and upon looking at the will, we found it was dated two or three months after the man's death, that led us to suspect it was a forgery; four or five days after, I heard that Mr. M'Grath was at Gravesend, and sometime after M'Grath came in, says he Mr. Giles, I find you have got some more money, for I sent to tell him I had, and I then told him that another person had been applying for the wages of Dalton, and that his (the prisoner's) claim was rather doubtfull and I did not think it was just; however, says I, if you will take a step with me to Mr. Lock, a navy agent, to whom a person has been applying about it, we will settle it; he rather declined it, and said, he would call tomorrow, I told him it would not detain us any time, he went out with me, and upon the Hill, he said, he could not go any further, he was obliged to go down to the river side, or he should lose half a guinea, I told him I had some business that way; he ran into a public house and seemed in confusion, he did not stay a minute, I enquired for a constable, and

I went after him, and when I brought the constable up, off the prisoner set, I could not see him, and a person that saw him, said, I believe the person that you want is gone under a gate-way; I says to him, why are you in such confusion, why do you not stop, I do not recollect what he said, he was in such confusion; he went before m, and just at the bottom of the lane, there was a woman with a stall, and returned in there to the gate, and there I lost him; about two or three hours after that he write the a few lines, making an apology for his going so quick that had some goods to take on board ship, and he would call again in two or three days; he did not call again, I went to the Rotation-office, and gave information; I was relating the circumstance to several of my acquaintance, and among the rest was one Mr. Hun, a publican, at Deptford, he said, he knew the man, and I desired he would charge a constable with him, and he was brought to London, and I saw him again in a public house in London; when I saw him, he said, he wanted to speak to me in private, but I would not; then he whispered me, and said, he supposed if I was paid the money again, that I received for him, all would be quiet, and I would let him go, and he offered to give me his pension ticket.

Mr. Peatt. Who wrote that order for the money at the Pay office? - My clerk.

Who signed it? - The prisoner.

Was you present when he signed his name to it? - I do not recollect that I was.

Was the body of it wrote by your clerk in his presence? - I do not think I was present.

What name did he give himself? - M'Grath, I never knew him by any other name.

JAMES MACKINTOSH sworn.

Examined by Mr. Fielding.

I know the hand writing of the prisoner; (looks at the order) this is the hand writing of the prisoner, I saw him write it, I saw Mr. Giles's clerk write the order, and he desired me to witness it; I saw the prisoner write Patrick M'Grath.

Court. He goes by the name of Patrick Eagan , in the navy-books? - Yes.

Lieutenant DESCHAMP sworn.

I was on board the Naiad, I remember the prisoner by the name of Patrick Eagan .

Do you remember Dalton? - Perfectly well.

When did he die? - I do not recollect the time he died, it was in 1783.

Are you sure of that? - I am sure it was in the year 1783, it was at the Cape of Good Hope, at an island called Robin-island, we came home from Mdra.

Had you any such man as Barnaby on board? - I did not recollect we had.

When did you arrive in England? - We were paid off the 2d of June 1784; do not recollect the day of the month we arrived.

Mr. Baldwin to Mr. Player. Did the prisoner at the his own wages? - Yes in the name of Eagan.

Mr. Peatt to Deschamps. You do not recollect Barnaby? - No.

When persons die, or are transferred from one ship to another, their names are not returned to the Navy board, does it therefore appear in the books of the Navy-office? - It appears in the ship's books, they are returned every six months.

Therefore the name of Barnaby might be in one let of books, and not in another.

Court. is not it a book for the whole time? - Yes.

Mr. Peatt. Does it sometimes happen, that a seaman's w is executed at one time and dated at another? - I never knew such a hing.

B a will may be made out a week or two is dated? - I do not recollect any thing of the kind, but it cannot be dated after the man's death.

How does it appear when a man is dead upon the books? - Two D's and the time mentioned.

I never so returned when a person is alive? - Never to my knowledge.

PRISONER's DEFENCE.

At the time I was in the American service, I was taken by the General Mootray privateer, and brought to Charles Town , South Carolina; I was confined in a prison and ironed, and sooner than I would bear that, I entered into the American service; I went out and took a prize, then I absconded their service, and went in the name which I used formerly to go by, of my cousin M'Grath; I resided at New York till I came home to England, six or seven years, I was generally known by that name, therefore the deceased made his will to me in that name, I had not seen him till I came to London, at the beginning of the war; then we were in the Bedford, then in the Wasp sloop, and when he was dying on board of ship, he desired I would not let it he known I was any relation to him; the will was made at the Cape of Good Hope, I being on board of the ship at the same time, Lieutenant Deschamp knows I never was on shore, on the island where the will was made; the neglect in the date in the will of the deceased, was by some person that was on shore, who mistook the date, it was brought me on board by one Isaacson, who was my messmate; when the deceased went on shore, he shook hands with me as he went down the side of the ship, and said, he would make his will in my favour, and said, he was sorry he had not made it before; the will was brought to me by one Glass Isaacson, whom Lieutenant Deschamps knows; the chests were stove, and I had no chest to put the will in, I told Isaacson to put it in his chest, which he did, he kept it till we came to England; when I came to Deptford I was a little in liquor, I did not mind will or money, or any thing else, and he went to Ostend or some where, and kept the will in his possession, upon this, when he returned, he returned me the will, then I applied to Mr. Giles, to know whether he dealt in any such affairs; he had the will in his possession two or three months before he paid the money, one time he gave me five shillings, and half a crown another, till I gave this order to my landlady that I used to reside with; some time after I came to Mr. Giles, I said, Sir, is not the Superb's money payable now? no, says he, there is no account of the Admiral coming home; when he made me this reply I went, and came again in a short time, and asked him whether there was no money for me; he said, I have some for you, and I want to speak to you; I told him I was going out in a West Indiaman, and had a boat loaded, and must go down; he went with me down towards Thames-street, and went to the door, and knocked at the door; I said, I must go down, and would send up a note about any thing he had for me; I gave Giles a letter of attorney to receive this money, and to pay it to one Kernan.

ROBERT DAVIS sworn.

Mr. Peatt. Did you at any time belong to the ship Inflexible? - Yes.

Was you at the Cape of Good Hope the same time that the Naiad was? - Yes.

The ship's company frequently mixed on shore? - Yes, at Penguin Island.

Did you at any time see any thing pass respecting the prisoner on board his own ship? - Yes, our ship used to attend the sick on shore, so I went on shore one day, and I saw one Christopher Dalton pull a paper from under his head, and he said to a man, one Glass Isaacson, give this to M'Grath, on board his own ship; and we went to the shore and carried Glass Isaacson in our boat, and put him on board the Naiad, and the prisoner came upon deck, and he asked me down to dinner with him, and while we were at dinner this Dutchman came down and spoke to the prisoner, and told him he had a paper for him, and he desired him to give it him, and I saw him give him a paper, and he told him that was the will of Mr. Dalton that was on shore, who sent it to him.

Did you take that paper into your hand, or look at it at all? - No, I did not, it would be of no use, I cannot read; and the prisoner told his messmate to put it into his chest, it might be of service to him another time.

There were on shore upon this island the crews of several ships? - Yes, there were seven or eight sail.

Was it possible for a person from one ship to witness a will at another? - I think so.

Did they mix promiscuously together? - Yes, the crews of several ships were together all day.

I suppose they drank together and eat together? - They did.

Did you within your own experience ever see a will witnessed by two persons, one belonging to one ship and another to another? - I do not know that I have.

Mr. Baldwin. Have you known the prisoner any time? - Yes, I knew him and Dalton both in New York.

What time was this? - It is five or six years ago now, as near as I can tell, it was in the summer time.

How long was it before Dalton died? - I believe it was four years before he died, that was when I first knew him.

When you went to the ship who did you ask for? - I asked for M'Grath, he answered me by that name.

Mr. Peatt. I understand him that he knew him four years before he died.

Mr. Baldwin. Where was this paper given to you? - At the Cape of Good Hope, between the 11th of December and the 8th of March.

What did you mean to tell me that it was summer time? - I thought you asked me what time of year it was that I knew him.

I asked you what time it was this transaction had passed that you have been relating? - It was between December and March.

How long was it before his death that that paper was sent from him to the ship? - I cannot say, I do not know when he died, or whether he is dead yet or no.

Did he go by the name of M'Grath? - He answered me by that name.

Court. How came you to call him M'Grath? - I cannot tell whether he went by the name of M'Grath, but I knew him by that name that he went by in New York.

Mr. Peatt. He went by the name of M'Grath in New York constantly? - He did.

Mr. Peatt to Lieutenant Deschamps . You remember the prisoner at the bar of course, Sir, on board this ship? - Perfectly well; he always behaved himself remarkably well, he was beloved by the ship's company, a man that was very attentive to his duty, and I had a high opinion of him, I would have trusted him with any thing.

THOMAS MORRIS sworn.

I am a peruke-maker, I have known him nine months, I know nothing but that he always was a very good spirited man, and very honest.

THOMAS MACMAHON sworn.

I am a hair-merchant, I have known him seven or eight months, he had a very good character indeed, very honest and very just, and liked by every body.

Dr. GRAHAM sworn.

Was you on board the Naiade, at the time the prisoner was? - I was, he was very attentive as far as ever I knew.

Did he behave well in the station of a seaman? - Very well.

Had he the reputation of honesty? - I never heard any thing against his character.

Mr. Peatt. My Lord, I have omitted a material question, which the witness Davis can perhaps answer; it is stated in my instructions, that the prisoner and the deceased were sister's children. Do you know whether the prisoner was nearly related to the deceased? - I always heard so.

Was it understood so at New York? - It was.

Jury to Doctor Graham. What time did he come away from the Cape? - He died on Friday the 17th of December, 1783, on the same night he was landed from the ship.

Mr. Peatt. Was he landed in the morning or the evening? - He died a few hours

after he was landed; he was landed I think about four or five in the evening, and he died that night.

GUILTY , Death .

Tried by the second London Jury before Mr. Justice NARES.

Reference Number: t17850406-66

479. THOMAS SAMBRIDGE was indicted for feloniously stealing on the first day of July, 1782 , one gelding of a black colour, price 15 l. the property of John Tie .

JOHN TIE sworn.

I live in the parish of St. Mary-le-bon, near the end of Paddington street, I deal in starch and hair powder; I lost my black gelding to the year 1782, the prisoner had it of me; I had a farm at Northaw , and he had a country house there; he came to me and said, Mr. Tie, I should be obliged to you to lend me your little horse for my clerk to ride to town on, I will take care of it; accordingly I lent it him, and I never received the horse from him since, I have seen the horse since.

Court. When did you see him again? - I suppose I might see him two or three times in the course of a month; it certainly was within the week, for he frequently used to come to my house almost every day when he was in the country.

Did you ask him for your horse? - I did, and he said he had not done with him, he would send him home; I said, very well, only take care of him; some time after that he absconded from the place, and there was a settlement of some money between us, he owed me some.

What did he abscond for? - I do not know, I suppose it was for debt; but just before he went away, I met a gentleman upon the horse, a person I had not lent the horse to by any means; I asked him how he came by the horse? his name is Edward Bates ; I told him it was my horse: he said that Mr. Sambridge had given him the horse; I said, I thought it was very odd he should give away my horse, I thought he used me very ill; I called or Mr. Bates, he said, he would satisfy me; I called, and there were two or three people that satisfied me the horse was given to Mr. Bates; I said, I will be obliged to you to keep this horse a little longer, till I see and settle with Mr. Sambridge, for at that time he had a cognovit against me; therefore I begged Mr. Bates to keep the horse a day or two; them Mr. Bates gave me the horse again; he run away, I found the horse shut up, and I never saw him till about three weeks ago, when I was at Mr. Brown's sale, in Hockley in the Hole, and I heard a man was stopped about a watch; they said it was a little man, an attorney, and his name was Sambridge; say I, then that is the man that stole my horse.

Court. Did the Magistrate commit him? - No he did not inded; he was then in custody; I told the Magistrates, and they laid a detainer; I went to the Grand Jury, and told them the case, and one of the Magistrates drew up a bill, and I carried it in; and I told the Grand Jury, I hoped they would not do him any hurt; I only ay this, I never sold the horse to any man whatever.

Court. He certainly ought to answer for the horse, you doubt.

Prosecutor. I have the horse now, I never par with it.

Court. Gentlemen of the Jury, if Mr. Tie had brought an action of trov against Mr. Sambridge, and this evidence had had been given, it would have been very good evidence for him to have recovered the horse.

NOT GUILTY .

Prisoner. I had the horse nine man hs close to Mr. Tie's house.

Court. It would have been as honest of you to have returned it.

Prisoner. I lent the prosecutor twe nty guineas, and had only one guinea. this poney and one cow for my twenty guineas, I

can have no interest now the Jury have acquitted me; I was detained in custody merely through Mr. Tie.

Mr. Silvester. I hope your Lordship will grant us a copy of the indictment.

Court. The prosecutor has mistaken his road; but I do not think he has done it through any thing like oppression.

Prisoner. My Lord, I can prove that, if it is necessary here.

Court. I shall not grant a copy of the indictment.

Tried by the second Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-67

480. WILLIAM ROBINSON was indicted for feloniously assaulting Mary Richards , spinster, on the King's highway, on the 22d of March last, and putting her in fear and danger of her life, and feloniously taking from her person and against her will, one cloth cloak, value 2 s. the property of Elizabeth Webb .

The witnesses examined apart at the request of the prisoner.

MARY RICHARDS sworn.

I live in James-court, Old-street; I am a servant , I was robbed on the 22d of last month, about eight at night, in Old-street ; I had been towards the church, and was coming home from there, and as I was coming along, that there man stood and catched me in his arms, and took my cloak, and put it under his arm and ran away, and I run and cried stop thief.

Did he speak to you? - No.

Had he any thing in his hand? - Nothing that I saw.

How old are you? - Turned of fifteen; I never saw him before to my knowledge; I was near the lamps, it was moon-light, he was taken directly, he ran down Whitecross-street, and was taken in that street; I do not know the gentleman's name that took him, he is here; I was just out of sight when he was taken; the constable has my cloak; it was the cloak of Elizabeth Webb .

JOSEPH HAWES sworn.

I am the officer that took charge of the man; the cloak was then delivered to me; I did not take him.

THOMAS HUDSON sworn.

I heard the cry of stop thief, I was walking up White-cross-street, I crossed the way, and the prisoner jumped right against me; I immediately stopped him, and just before I laid hold of him, I saw him drop the cloak.

(The cloak deposed to.)

PRISONER's DEFENCE.

I had been after a place, and coming down Old-street I passed this young woman, several people were coming, I heard the cry of stop thief, and was stopped by the butcher; another gentleman came up to the young woman, and says, here is your cloak.

Court. What are you? - I am a gentleman's servant; I believe I have people to speak for me, they have been here three days.

The prisoner called one witness who gave him a very good character.

GUILTY Of stealing, but not of putting in fear .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-68

481. MARY PILE (the female highwayman) was indicted for that she, about the hour of five in the night, on the 22d of January last, being in the dwelling-house of William Webb , 29 s. 6 d. in monies numbered, the monies of Abraham Abbott , in the said dwelling-house, feloniously

did steal, and being so as aforesaid in the dwelling-house, and having committed the said felony about the same hour, the said dwelling-house feloniously did break, to get out of the same .

ABRAHAM ABBOT sworn.

I lodge at the Plough, Mile-end .

Who keeps the Plough? - William Webb .

When did you lose your money? - The night of the 22d of January, a person slept with me, and in the morning when I arose, I missed my property out of the right-hand pocket of my breeches.

Who slept with you? - It relates upon the person now at the bar.

Who was it? - Mary Pile , so called; she was in bed before me, about an hour and half, or nearly two hours.

What did you lodge together? - Yes.

How long had you lodged together? - She only lodged with me that one night; in the course of the night she was up three times; first of all she pretended to be after the pot, and as such I handed it to her, she went to bed again, and in about two or three hours after she pretended to have drank rather too much; I used some vile words, I wanted to know the reason of being out of bed, as such the person got into bed again, I went to sleep; in the morning when I awoke, I found my door open, and my bed-fellow gone; I did not think I was robbed, for I always told Mrs. Webb, where I lodged, that if she was straitened for beds, she might put a decent person into my bed: I got up in the morning as usual, between eight and nine, I went to the pump, as I usually do, and washed myself, I put my hand into my pocket to shift my money as was usual, and it was gone; I went to look for my money, I came to Mrs. Webb, says I, pray what gentleman was that you put into my bed last night; she said he seemed to be a very good kind of a gentleman; still it passed on or half an hour or more; I took my pocket-book out of my pocket, and I had some papers of value to me and none to nobody else, but they were gone; I cannot say which way she went out of the house; but I am informed she got out and left the door open; I am sure I had the money when I went to bed.

Court. Does this woman that keeps your house put women into bed to you? - She did so; I told her she might put any gentleman that was decent.

This was not a gentleman, you know? That was not under my dissection, I did not know that.

How was she dressed? - Being in bed, I only passed by her, I took no notice at all of her clothes, I saw it was a person that seemed to be smartly dressed.

Was it the dress of a woman, or a man? - A man.

MARY HART sworn.

She came into our house about seven o'clock on Saturday night.

Who came? - The prisoner at the bar, in man's apparel, we thought it had been a young gentleman; she called for three penny worth of rum and water, then she had a glass of shrub at the bar, and after that a pint of porter and some bread and cheese; mean time she asked me if she could sleep there; I said we had no bed; she said she came from Colchester; I told her we had only half a gentleman's bed; she said she should be glad if my mistress could let her sleep there, for she was going down into Kent; her father kept the Five Bells in Kent; so my mistress said she might sleep in this man's bed; she asked me which was the gentleman that was to sleep with her; I told her that gentleman that was walking to and fro, in the snuff-colour; she asked me his business; I said he belonged to the sea; she said was he a man of any property; I said I believed he was, she always behaved so; she said what time could I get up in the morning, I should like to start about four; I told her if she would lay till about six, I would call her: she got up as high as I can guess about five; I heard her go down, she went down stairs, and left the front door

open, and let herself out; I immediately got up and went down stairs, and the door was open, and she was gone.

JAMES GLENTON sworn.

I apprehended the prisoner from the description I had, I found the prisoner, she had been to enquire for longings at two different places, I found her at the blind beggar, at Bethnal-green turnpike, last Saturday night, between ten and eleven; I found this black handkerchief in her pocket and this key, I searched her otherwise, and she had no money that I could find, but sixpence and some halfpence.

PRISONER's DEFENCE.

I know nothing about it, I never saw the man till they took me up to the house.

Court to Mary Hart . Are you quite sure this is the person? - Yes Sir, very sure.

Court to Abbott. What do you say? - I am sure of my loss, but as to the person, she was in bed in her shirt, I do not know her person.

Hart. I took particular notice.

Jury to Abbott. Had you any connection with her? - I maintained the idea of her, as I would of a man, and naturally as she got close to me, I kept hitching further from her.

Court to Prisoner. Have you any person to appear for you? - No, my Lord.

What account do you give of yourself? - I put the clothes on the Saturday that they took me up, I was a little in liquor.

Where do you come from? - I belong to a place called Howe, in Kent.

Court to Constable. What is your place? - The hamlet of Mile End, Old Town.

Court to Prisoner. How came you into that quarter where you was taken? - I was a little in liquor, and so I went to bed there, I have nobody to give any account here, I sent for no friends.

Hart. The door I found open, I fastened them myself, with two bolts and a spring lock, I went to bed about half after ten, or high eleven; there is nobody in the house but our own people, nobody got up that morning I am sure of that; I am sure she was the first that went out that morning.

Jury. Did she agree to lay till six? - She asked me whether she could get out at four, I said, I would call her at six; she asked me to shew her my door, and I did; she never knocked at my door.

Did she pay for what she had over-night? - Yes, she paid sixpence for her bed.

GUILTY Of stealing, but not of breaking and entering .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-69

482. JOSEPH STORER was indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Wallis , about the hour of two in the night, on the 2th of February last, and burglariously stealing therein, four silver saucepans, value 12 l. one silver dish, value 6 l. a silver quart mug, value 4 l. a silver waiter, value 3 l. two silver tumblers, value 4 l. two sauce-boats, value 4 l. 10 s. three salts, value 40 s. four salt ladles, value 6 s. one soup spoon, value 25 s. one gravy spoon, value 15 s. one table spoon, value 10 s. one silver skewer, value 10 s. and one silver marrow scoop, value 10 s. the property of the said Thomas Wallis .

THOMAS WALLIS sworn.

I live in Monkwell-street, on the 27th of February, my house was broke open, the house was secured in every part of it, the evening of the 26th; I make a practice of examining it myself; I went to bed about eleven, I am always last up, we have a light to the stair-case, and I saw through that window the next morning, that something was the matter; I then went into the kitchen, and my servant told me I had been robbed; in the kitchen we have a

closet, which has a sink and cistern in it, I perceived the lead light of that closet was taken out; I then went to the kitchen window and looked through it, and saw a ladder, like a lamp-lighters ladder, was left standing on the dust bin, which reached up to a window; the kitchen is up one pair of stairs, it was a lamp-lighter's ladder, it had not been there before; in looking further out of the kitchen window, I saw upon a little ledge, under the kitchen window, the iron bar laying which the light had been tied to; I then saw we had been robbed of a great quantity of plate, some of the plate stood upon a shelf in this closet, in the kitchen, it was kept for common use; and out of the dining room, a great many articles were lost, and my servant told me there was a bit of candle and a glove left on the dresser in the kitchen; my maid gave me a glove, which, she said, was found in the kitchen the next morning after the robbery.

Court. Was any of your plate recovered? - None at all.

How did the suspicion fall on the prisoner? - From the circumstance of the robbery, it appeared that it must be done by some person well acquainted with the house; in the manner of getting into my next door neighbour's yard, as the readiest access to my yard; the prisoner was my apprentice, he served seven years with me, he had been gone from me, and last summer I took him into my house to work for me, he left my service about the 18th of December.

Court. State more particularly, but confining yourself to what you know of your own knowledge, what led you to suspect the prisoner, and how the prisoner came to be taken up for the robbery? - I suspected him for several reasons, it appeared it must be done by somebody well acquainted with the house, for I had a very sharp dog, and it must be somebody that knew the dog, upon that suspicion I had him taken up.

Was he searched then? - Yes.

What was found upon him? - There was a right-hand glove found upon him in his pocket, which corresponded with the left hand glove that was found in my house; I saw the left hand glove in the kitchen, my maid servant gave it me.

When did she give it you? - On Sunday.

Was any thing else found upon him that led to a suspicion? - Nothing else.

What did he say for himself on his examination? - He denied all knowledge of the matter.

Mr. Garrow, Prisoner's Counsel. How long after was he apprehended? - On the Tuesday fortnight following.

In the intermediate space of time, had you caused any body else to be apprehended for this offence? - Not to my knowledge.

Do you know a man of the name of Dean? - Yes, he worked journeyman with me at the same time.

Was Dean never taken up? - Not to my knowledge, I never heard it, nor of his being examined.

Had you a journeyman of the name of Bird? - Yes, he is not with me now.

What is become of Bird? - I really do not know, he is out of employ; I discharged him about that time.

Did not you discharge him from some suspicion of his being concerned in this business? - No.

Had he any hand in procuring the prisoner to be apprehended? - Oh yes! I told him, and another man, that if they would apprehend him, I would give them five guineas.

Was you present when the glove was found? - Yes, I was at the office when it was found.

The Remainder of this Trial in the next Part will be published in a few Days.

Reference Number: t17850406-69

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 6th of APRIL 1785, and the following Days;

Being the FOURTH SESSION in the Mayoralty of The Right Hon. RICHARD CLARK , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND, And Published by Authority.

NUMBER IV. PART VI.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXV.

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of Joseph Storer .

I believe you caused his mother's lodgings to be searched, his own lodgings, and the lodgings of a person of the name of Davis? - We did not search her lodgings, I wish we had; we were not five minutes in her house, I went there with one of the persons from the Public-office.

Have the gloves which were produced at Bow-street, been inspected by any glover? - I do not know that they have.

Then you do not know that any body skilled in that branch of business, has said, that they are the same leather? - No, I do not.

JANE MERRITT sworn.

I am servant to Mr. Wallis, when I first came down in the morning, I found the door open, and the property gone from the shelf over the sink, where the light was taken down, I observed there was a ladder, placed on the dust bin, which would reach that window; on the side board there was more plate, and there laid a glove on the shelf, over the sink, where that property was taken from, and a few matches; I gave the glove to my master, in the course of an hour, or an hour and a half, that was the same glove that I found, I am sure.

How long was it before that, that you saw the prisoner? - I cannot tell.

Prosecutor. That glove has been in my possession ever since.

WILLIAM MILTON sworn.

I saw the prisoner taking observation of Mr. Wallis's house, I live at No. 9, in Monkwell-street, it was on Friday the 11th of March.

What did you see him do? - He put his head into the door, and went down to what they call Meeting-house-court, he came from Cripplegate way, and made a full stop at Mr. Wallis's; he looked into the passage, and went up Meeting-house-court; when he was up the court, he got up some steps, and pointed with his hand, over the back part of the vestry part, and smiled to two men that were with him; then when they saw me, they all made believe to make water: in a quarter of an hour he was gone out of sight, I went back immediately, I saw nobody come out, and on the Tuesday following he came in a

hackney coach to Mr. Wallis's door, and I went down, and saw that was the same person that I saw; I reckon it to be about five or six o'clock in the evening, he got out of the coach, and went into Mr. Wallis's house, he was then taken up.

Jury. Pray what time was it, that you saw him go up Meeting-house-court? - Between five and six.

JOHN LARKIN sworn.

On the 15th of March last, I was sent for by the prosecutor, to take charge of the prisoner, and I took him up to Bow-street, and I searched him before the Magistrate, and I found in his right hand pocket a leather glove, and a letter which I was ordered to deliver to the Court, there was a pair of gloves, and a single glove, they have been in my possession ever since.

(The glove handed to the Court and Jury.)

Court. Is this glove the same that the maid delivered to you? - Yes.

Prisoner. I leave it entirely to my council.

Court to Prosecutor. Did you communicate your suspicions to Bird, amongst other people? - Yes.

You offered a reward of money, if he apprehended the prisoner? - Yes.

Was it to be paid on p roducing the person of the prisoner? - I paid him the money immediately.

Had there been any disagreement between Bird and the prisoner? - There might, for what I know.

Have you any reason to believe that there was, or that there was not? - I did not believe that there was.

Have you ever heard him speak of the prisoner, in terms of dislike or suspicion, I do not ask what he said, but generally? - I do not recollect.

What sort of a man is Bird, as to his general character? - I looked upon him to be an honest sober man.

What did you part with him for? - I had no suspicion of his dishonesty.

What family has he? - I believe he is a single man.

The prisoner called three witnesses who all gave him a very good character.

Court to Prisoner. Can you give me any account of this odd glove, that was found in your pocket? - I found that odd glove.

Court to Prosecutor. How could they get to the wall of your yard? - By crossing one yard from the meeting house vestry, which is pretty high, he could get upon the vestry without a ladder.

Merritt. I was in the closet the night before, there was no glove there the night before, that I am sure of.

NOT GUILTY .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17850406-70

483. JAMES BOSTON (a black) was indicted for burglariously and feloniously breaking and entering the dwelling house of James Danvers , about the hour of eight in the night, on the 5th of March last, and burglariously stealing therein, thirty pounds weight of indigo, value 5 l. his property .

(The witnesses examined apart.)

JAMES DANVERS sworn.

On Saturday the 5th of March, I went to the next house about six, all was safe then, then about a quarter before eight, I heard my own bell ring, and I saw the servant come into the house, I looked out at a neighbour's window, and presently after I saw the prisoner in my parlour, he then made a motion to the maid; there was a candle in the room, I saw him then get out of my parlour window into my yard, my neighbour's window looks into my yard, and the parlour windows look into the yard, and not into the street; I saw the maid take away the candle; he then went into the yard, and wrenched the flap of a cellar

window open, in which was the indigo that he stole; he was in the cellar for near three quarters of an hour, I saw him come out of the cellar afterwards, with a bundle in his hand; he went out of the yard into the parlour again, and went out of the street door; I heard him put the flap down, he stepped in at the parlour window, he was taken that night with the property upon him, he was taken in the street, in St. Mary Axe, immediately after; he had thirty-six pounds weight of indigo, and a bag, and a handkerchief, and his apron, and one thing or another; there is a drawing iron, which I found, and I saw the mark of the drawing iron, it is like a hammer at the end.

Mr. Garrow, Prisoner's Council. So you went out to give this poor black fellow, an opportunity of coming in? - Yes.

You understood he was coming to commit felony? - No Sir, I did not understand any such thing.

For what purpose did you understand he was to come? - I understood he was to come to fetch a bundle.

Was not the bundle your property? - I could not tell, I was told by the maid servant, that it was a bundle, and it would not hurt me, nor any body about me.

Why did you watch him? - Because I had lost several things.

Was not the maid directed to let him in if he should come? - She was.

In order that you might watch him, and that you might see him commit the felony, is that so Master Danvers, may out with it man? - Yes, Sir, so it was.

So this poor black fellow was to take this bundle, and his master to look on for three quarters of an hour, is that what you mean to state to the Jury? - It is.

Much to your honour Mr. Danvers! now, Mr. Danvers, how near is this window that you was looking out at? - As near as I am to Mr. Under-Sheriff.

Did you call out to the man that you saw endangering his life? - No.

Did not you call and desire him to stop? - No.

Did not you tell him he would be hanged? - No.

You looked on, is not that you conduct? Yes.

How long has this Jezebel of yours lived with you? - I suppose she has lived with me six months.

The man has nothing to do in the house of a night? - No Sir, nothing at all.

If she had not let him in he could not have come there? - No.

If she had not taken the light out of the parlour, and left him to his free will, he could not have done it? - Certainly not.

And all that she did by your direction, before you went out? - Yes.

And you went out to leave the coast clear? - I did.

We may ask after this, whether we live in a Christian land! what are you? - A warehouse-keeper.

Has this cellar any communication with your dwelling house? - Yes.

How? - You cannot go into the warehouse without you go into the dwelling house, unless it is in the day time; there is a gate in the day time.

When you are in the dwelling house can you get into the cellar without going out into the yard? - No.

Does anybody live in the cellar? - No.

Court. Then there is an end of the burglary.

Court. Is the cellar under the same roof as your house? - Upon my word I do not know.

Do you give that answer upon your oath? - It is, it is, I believe.

Do you venture to swear it is? Yes, I think it is.

Do you swear positively the cellar is under the same roof as the house?

Mr. Garrow. Now I intreat your lordship not to let him go out of court till I call witnesses to contradict him.

Prosecutor. I do not know what you mean by the same roof.

Court. Why it is very intelligible; explain your difficulty why you do not understand what I mean, when every body,

else understands? - I would not willingly my Lord, say any thing that is wrong.

Court. I cannot tell that, we shall judge of that? - There is a wall runs between part of the house.

I ask you once more, is your cellar under the same roof as your house? - Upon my word I do not know whether it is or not rightly.

How long have you lived in the house? - Three years.

Let me inform you of this, that a witness may commit a perjury in swearing they do not know that which they do and must know, as well as in swearing they do know what they do not, and may be convicted of that? - I do not know what to answer.

Answer the truth, Sir? - I would wish to answer the truth.

And the sooner you answer it the more it will be for your credit.

Mr. Garrow. Stand up Mr. Danvers, let us see you, I insist upon it.

Court. I ask you once more, whether this building in which your cellar is, is or is not under the same roof with your dwelling-house? - I believe it is not, I am not certain, because I do not know; the roof of the warehouses are higher than the roof of the house, they are not all one roof, the roof of one touches the wall of the yard.

How came you positively to swear it was under the same roof? - Because I thought it was, before I recollected.

Mr. Garrow. He has said he has lived there three years, has not he lived there twenty years? - I was there with my father many years, but I have had the warehouse three years.

ANN STOCKWELL sworn.

The first time the prisoner said anything to me, he said, Mrs. Stockwell, do you think fifteen or sixteen shillings will hurt you; no, says I, nor a guinea neither, but what do you mean, then says he, keep a still tongue in your head, I will often put five or six shillings in your hand; he said something to that purpose, keep a still tongue in your head, or be private; he said no more to me till the 4th of March; then I went to the yard, on the 1st of March, and I told this conversation to my master; then the prisoner said to me on the 4th of March, where is your master? I told him in the warehouse; and he said he had a parcel down there, that he wanted to take away, and could not get it away; he said he would take it away in a minute; I desired him not to take it away then, as I expected my master in; I said James do not take it away, he said the people over the way could see him; the pot-boy came in, and ended all disputes; but I should have told you, he said he would give me half a guinea, if I would let him in as the morrow night, the 5th of March; he was not a yearly servant; he said, when all the family were gone to Bethnal-green, he would be sure to come, about eight; on the 5th of March he came to light a candle, and he said I will give you half a guinea, do you think they will be safe; most likely they will, says I, James; he put his hand into his pocket, and offered me the money, that was about the time the candles were lighted up, near to seven, he said about eight they would be safe; I told my master this: he held up his singer, and said, my dear, you do not deceive me, do you? I said no, James; he said, is he in the house? I said no; says he, I am affraid of nothing but these windows, and I went and held up the candle, and my master, and other witnesses saw him in the parlour; says he, go up stairs and stay till you hear the door bang, then come down and chain the door; he was in the yard near an hour, then he came up and called Nanny; I heard something drop, I took a bit of indigo, I picked it up and gave it to him, and he dropped it again, and I took it up again? I told my master of this, and he gave me orders to let him in.

Did you or your master go down to the cellar to see what this bundle was? - I told my master, and he said it was impossible to find it, there were so many things.

Mr. Garrow. So you gave this poor fellow reason to believe that you had no objection to his taking anything belonging to your master? - No I did not, I told him the family would be all out.

Then when the poor fellow was just in and said now my dear, do not deceive me, you then coaxed him in? - No I did not.

But you told him no James, and that I should think from a pretty white woman would operate as coaxing, to a black man? - I should think not.

What was the prisoner to do? - Whatever he pleased.

What did you think he was to do; - I thought he came upon dishonest terms.

Then your master knew this? - He said it would not hurt my master, or anybody else.

Did you suppose it was something of the poor fellow's own, or something of his master's? - I did not know what it was, there is other peoples property in the warehouse.

Did you suppose it was something intrusted to your master's care? - I did.

So you represented to your master? - Yes.

And your master's directions were to let him in, and he would watch him? - Yes, I held the candle up that he might see him, I did not see what he did, I went up stairs as he bid me.

Is your master a single man? - No, Sir, he is father of many children.

Court. The yard lays between your master's house and the cellar? - The warehouse joins to the cellar, there is a wall that parts the dwelling house.

Is there any room from the dwelling house to the warehouse? - None that I know of the way into it is another way.

JOHN CLARK sworn.

The Friday night that Mr. Danvers mentioned this circumstance to me, I watched in the street, I saw the prisoner go into Mr. Danvers's street door, and I saw him come out in about three quarters of an hour, I took him, he had a quantity of indigo, which was in this bag; I watched by Mr. Danvers's desire; the indigo was in his shirt, his breeches, and his coat pockets, and some in a handkerchief; it is the same indigo, I have had it in my possession ever since.

WILLIAM SARGESSON sworn.

Deposed to the same effect as the last witness.

(The indigo opened.)

Mr. Danvers, I cannot see it by this light, but I knew it before my Lord Mayor.

Are yours the only warehouses for indigo? - No Sir, but in that place there are no warehouses but what I have the key of.

ELIZABETH ANDREWS sworn.

I live in St. Mary-Axe, the next door but one, our windows look into the prosecutor's yard; on the 5th of March the prisoner came down the yard; he was so much loaded he was obliged to left his bundle on the fill of the window.

Mr. Garrow. My Lord, I have a few observations to offer, by when I trust to convince your Lordship that there has been no felony committed by this prisoner: as to the burglary; your Lordship has delivered me from that, and the crime must be therefore that of larceny. The books lay down this principle, that it must be a fraudulent or felonious taking and carrying away by any person of the goods of another; when they say that there shall be a fraudulent or felonious taking, it is to be observed, that all felony includes a trespass: if the party be guilty of no trespass in taking the goods, he cannot be guilty of a felony in carrying them away I take the liberty in order to apply the law to this case, shortly to state the law: this man does not against the will of the proprietor break into the premises, he does not commit any trespass whatever; but by the express direction and permission, and by the planning of the prosecutor,

he has compleat dominion of the goods. I am disposed in this part of the case, to admit, without risk, that the Jury must find that he carried away the indigo; but, if I have laid down the principle of the law right, the felony cannot have been committed? has there been a trespass? how has that trespass been committed? this prosecutor planning in this manner with this woman, has acted a very strange part, to say no more of it: they watch him, they do not apprise him, they do not tell him he shall be hanged, but they suffer him to compleat the offence by carrying away the goods. There is a case, namely, that of Macdaniel and others, argued upon a special verdict by all the Judges, which is precisely this case: that Salmon one of the parties to the confederacy, went out upon the Deptford road, and it was contrived by these parties that Salmon should be robbed by one of the parties for the reward: Salmon was robbed by one of the parties the question was this, whether there could be a felony in taking from the person of Salmon his property, because it was manifest that it could not be against the will of Salmon that it was taken away, because he (though not as between him and the robber, but as between him and others) had previously agreed that he should be robbed of his property: the Judges held, and they held wisely, and they held soundly, that no felony could be committed against the property of a man in such circumstances, because it is ridiculous to common sense, to say that any thing is taken in violence: Now what in God's name, and the name of common sense, doth this differ from Mr. Danvers's case? I may take Mrs. Stockwell into the confederacy; for what purpose was this? not for the purpose of the reward to be sure, but for some other purpose these two parties have planned, that in a particular way, and by a particular mode, this man should be let into the possession of the property of Mr. Danvers, and he carries away: Can you say that there was a felonious taking against the will of the proprietor, he not only assenting to it, but ordering the man to be let in? as to the prisoner Salmon, there was a question there, whether he himself might not be guilty of the taking his own goods, and they were of opinion that that prisoner could not be guilty of that indictment, and on the other hand, if he did part with his money and goods in consequence of that agreement, it cannot be said that in legal construction he was robbed at all, since it is of the essence of a robbery and larceny; that the goods should be taken against the will of the owner: now my Lord, only permit me to conclude with saying, is your Lordship founded in this case to say, that the goods were taken against the will of the owner, Mr. Danvers?

Court to Ann Stockwell . The prisoner did not inform you what it was he was to take away? - No, he did not, he said, it was something that would not hurt my master or any body else, that he wanted to take it away, and he had had it along while.

You told your master exactly the conversation? - Yes.

How did he get into the cellar? - I do not know, there was a piece of the flap broke off.

Prosecutor. There was this drawing iron, the flap was fastened by two bolts, I believe one of the men fastened it when I stood by.

Did you direct it to be any way differently fastened from what it was? - No, Sir, I did not know till then, that he could get in there, he put this iron in between the kirb and the flap, and so pushed it into the cellar, it was laid on the floor.

When you heard that this man was to come for a bundle, why did not you look in the cellar to see if there was a bundle? - I did look in several of the warehouses, but I saw no bundle, but the warehouses are so large: I thought he might have secreted it in some hiding hole under the stairs, she did not tell me where the bundle was, I did not know it was down in the cellar.

Court to Mr. Garrow. I have looked at the case you mentioned: I shall in this case

leave it to the Jury, whether upon the evidence they are of opinion that this indigo was taken by the will of Mr. Danvers or not, directing them if they think it was by his will to acquit the prisoner: because it does not appear that Mr. Danvers had any distinct knowledge, what sort of fact was to be committed, but he waited to see the event what he should take; therefore, I think it remains in that degree of uncertainty; I think it is fit it should go to the Jury.

Mr. Garrow. My Lord, I am very willing the case should be left to any Jury, I have a great number of witnesses to this poor fellow's character.

JOHN WILTSHIRE sworn.

I live at College-hill, I am a carpenter; the prisoner has lodged in my house three years and a quarter, he had a very great character as ever I heard, and he always behaved well in my apartment; I have entrusted him with the key of my house, he never kept bad hours.

The prisoner called six more witnesses, all of whom gave him an exceeding good character for industry, civility, sobriety, and honesty, one of them had known him fifteen years.

NOT GUI LTY .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17850406-71

484. WILLIAM otherwise THOMAS ROBERTS was indicted for feloniously stealing, on the 4th day of April , one linen tea cloth; value 5 s. the property of James Dawson , Esq ;

The prisoner was seen taking the cloth.

GUILTY .

Whipped .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17850406-72

485. MARY LANGFORD was indicted for feloniously stealing, on the 24th day of March last, two linen shirts, value 2 s. one handkerchief, value 1 s. and one man's linen jacket, value 2 s. the property of Joseph Maw .

The prisoner was taken coming out of the house with the things in her apron.

GUILTY .

To be privately whipped and confined six months in the House of Correction .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17850406-73

486. JOHN MOONEY was indicted for feloniously stealing, on the 28th day of March last, thirty-two pounds weight of soap, value 12 s. and one wooden tub, value 4 d. the property of Francis Jones the elder.

GUILTY .

Whipped , and confined six months in the House of Correction .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17850406-74

487. MARY SIMMS was indicted for feloniously stealing, on the 2d day of March , one pewter pint pot, value 8 d. the property of Samuel Price .

GUILTY .

To be privately whipped and confined six months in the House of Correction .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17850406-75

488. WILLIAM EDWARDS was indicted for feloniously stealing, on the 1st

day of March last, four quart pewter pots, value 5 s. the property of Robert Towers .

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17850406-76

489. MARY M'DERMOT was indicted for feloniously stealing, on the 22d day of March last, one pewter quart pot, value 1 s. the property of Henry Wells .

GUILTY .

To be privately whipped and confined six months in the House of Correction .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17850406-77

490. ROBERT MAXFIELD was indicted for feloniously stealing, on the 15th day of March last, three pewter pint pots, value 3 s. the property of George Smith .

GUILTY .

Whipped .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17850406-78

491. JOHN LESBY was indicted for feloniously stealing, on the 17th day of March last, two pair of iron hooks, called can hooks, value 5 s. and two pieces of hempen rope, value 1 s. the property of James Pearce and others.

GUILTY .

Whipped .

Tried by the second London Jury before Mr. Justice NARES.

Reference Number: t17850406-79

493. WILLIAM HOLMES was indicted for feloniously stealing, on the 7th day of April last, one quart pewter pot, value 2 s. the property of Mary Bates .

And CORNELIUS BANFIELD was indicted for feloniously receiving the same, knowing it to have been stolen .

The prisoner Holmes came into the house, and went away soon after, and they missed their pot, he confessed taking the pot, but there was no evidence against Banfield for receiving.

WILLIAM HOLMES , GUILTY .

To be privately whipped .

CORNELIUS BANFIELD , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17850406-80

494. JAMES PENNELL was indicted for burglariously and feloniously breaking and entering the dwelling house of Joseph Fielder and Thomas Burton , between the hours of eight and nine in the night, on the first day of April last, and burglariously stealing therein, one piece of blue and white striped silk ribbon, of the length of fourteen yards and an half, value 10 s. 6 d. the property of the said Joseph and Thomas.

JOSEPH FIELDER sworn.

I live at Temple Bar , I am a haberdasher , and partner with Thomas Burton ; on the 1st of April, between eight and nine in the evening, I was alarmed by the ribbon being drawn through the hole made in the frame of the window, to fasten the shutter: there was room to put through an instrument, the ribbon was afterwards found on the prisoner, upon this roller, by one John Hobbs .

(The ribbon produced and deposed to.)

JOHN HOBBS sworn.

I was going up Fleet street, on the 1st of April, and I saw the prisoner doing something at Mr. Fielder's window, and he had got part of the ribbon out of the window, wound round his hand, the other part was in the window; he directly ran off as hard as he could, and the rest of it followed him through the window, I suppose as

much as five or six yards; I said to him where are you going with the ribbon, says he, God bless me, master, a boy gave me the ribbon, you may have it, I do not want it; I took him back to the shop.

Mr. Garrow, Prisoner's Council. Describe how this hole was? - There is a hole in the frame of the window, through which a screw goes every evening, and the ribbon was put against this hole, and there was some paper in every hole, to prevent any thing going through; the paper was pushed out, and the ribbons drawn through the hole.

Is it your usual practice to put paper to prevent any thing being drawn through? - Yes.

Do you happen to know if it was so filled that night, did you see it so filled? - I will not pretend to say for that night, but I in general put in the paper myself.

PRISONER's DEFENCE.

I picked up the ribbon.

Court. What are you? - I live at home with my father, I am nineteen.

What is he? - A broker.

The prisoner called six witnesses who gave him a very good character.

Court to Jury. The breaking is not proved, as it is not proved that this hole was actually stopped at that time.

GUILTY Of stealing, but not of the burglary.

He was recommended by the Jury, on account of his youth; and one of his witnesses offering to take him home, and see him put into employ he was ordered to be privately whipped and discharged.

Tried by the first London Jury before Mr. Justice NARES.

Reference Number: t17850406-81

394. GEORGE MORLEY was indicted for escaping from the hulks on the 28th day of June 1783

WILLIAM GREGG sworn.

I have known the prisoner four years, I knew him on board the Justitia, he escaped the first time; I knew him there the second time, he escaped the second time, the 28th of June 1783.

JOHN FLETCHER sworn.

I took charge of the prisoner, I saw him in the counter.

Court. Is there any body that saw him at large? - None here.

Are you sure that was the man that was delivered to you? - Yes.

(The record of his former conviction read and examined by the Court.)

Prisoner. I cannot disown the charge of being guilty, the reason of my making my escape, was the ill treatment I received after my first escape.

Court. What ill usuage did you receive? - I was run over across my loins, I am lame, I was always struck without a cause, when I tried to do the utmost of my endeavour, and I hope the merciful Jury will take it into consideration, and send me to any other place: the allowance is but two pints of barley water, from three in the morning, till six in the afternoon, and there is half a brown loaf, and half an ox cheek for six hearty young men, and the ballast that I heaved up, weighs a ton weight, and is fit for a horse to do, and I am entirely a cripple now, and an object; I have twenty people to prove that there are a pair of irons for me to wear, and nobody else, and the expression came from Mr. Marshall's maid, that I should not live a month when I returned; if I had money I could send for the people.

Court. If you had any complaint to make for being ill treated, there is a regular course for you to take, it is no excuse for escaping.

GUILTY , Death .

Tried by the first London Jury before Mr. Justice NARES.

Reference Number: t17850406-82

496. JAMES CLARK otherwise HOSIER was indicted for feloniously stealing on the 18th day of March last, one silver watch, value 40 s. one steel watch chain, value 5 s. one seal value 2 s. one other seal, value 2 s. the property of John Meredith .

JOHN MEREDITH sworn.

On Tuesday the 8th of March, I lost a silver watch; I was going from Colledge-hill to the London tavern, where I live, between nine and ten going past the Mansion-house-gate I saw a number of people at the gate, I could not cross for carriages; a chair was coming the opposite way, I let it come by me, and I perceived two men coming past the chair, I thought they were going on the same way that the chair was; and when they came opposite me they stopped, and stood both up before me; they stopped, and I endeavoured to go on; they went before me, and I could not pass them; some stoppage ensued, and there was a pushing and justling about, and in that time I found my watch jerking two or three times in my fob, and the instant I put my hand towards my fob, I seized the prisoner by the arm, and I saw my watch chain hanging from his hand.

Where was his hand? - His hand was very near to me, very near my fob, he had got my watch out; I immediately seized him by the collar, I gave the alarm of pick, pocket and thief; then the prisoner said, he is going to rob me, he is going to rob me, or something of that sort; and two or three people got between me and the prisoner, to wrench my hand away from his collar; I was struck upon the face and bit upon the left shoulder by somebody, I cannot say who; the mark was there for a fortnight afterwards; at that interval I lost my hat, and likewise my pocket handkerchief; I secured the prisoner, I never loosed him till he was taken into custody.

Jury. Did you see enough of the chain and seals to be sure it was your watch? - I am sure of it.

WILLIAM FORSYTH sworn.

I was within nine or ten yards of the prisoner; I saw the prosecutor have hold of him, and I took him into the Mansion-house, before Mr. Miller the City Marshal, who found a watch upon him, but not the prosecutor's, he was taken to the Compter.

WILLIAM GOFF sworn.

I also helped to secure the prisoner.

Court to Forsyth. Had the watch that was found on him a chain to it? - I think it had a ribbon or string, I cannot say which.

WILLIAM MILLER sworn.

I had this watch delivered to me, it had a yellow string, with two gold seals, one remarkable small one, and a very beautiful curious seal.

(The watch produced.)

Prisoner. I was wounded in the action of Inigo Jones , here is a pension signed by the Lord Mayor; I brought home above one hundred pounds, and went into partnership with my sister; I have been in town five years.

The prisoner called five witnesses to his character, two of whom said he lodged in Grub-street with his wife, and was in partnership with his sister at Chatham.

Mr. Miller. When I asked him to give an account of himself, he told me he was a journeyman to Mr. Wright, a butcher, in St. James's market, and had been so a long time.

Prisoner. I said I served my time there.

GUILTY .

Transported to Africa for seven years .

Tried by the first London Jury before Mr. Justice NARES.

Reference Number: t17850406-83

497. THOMAS BROWN was indicted for feloniously returning from transportation,

and being at large on the 14th of March last, before the expiration of the term of seven years, without any lawful cause, against the statute .

Mr. Garrow Counsel for the Prosecution opened the case.

Mr. Silvester Counsel for the Prisoner objected to his being tried now, having been tried for the same offence at a late session, and acquitted.

The Court observed that he must of course remain after acquittal under bi ginal sentence of transportation, which ought to have taken place.

The record of the prisoner's trial and conviction read by Thomas Shelton , Esq; clerk of the arraigns, and examined by Mr. Silvester.

THOMAS FLETCHER sworn.

I am one of the headboroughs of St. Paul's, Shadwell; I apprehended the prisoner, he was tried in Court and acquitted, on promise of going abroad immediately.

Mr. Silvester. You know the reward? - Yes.

JAMES IVES sworn.

I know the prisoner, I did not positively knew him before the 14th of March last, I then saw him at large in St. Saviour's parish.

MARMADUKE GUEST sworn.

I am one of the officers, I never saw the prisoner before I found him at large in St. Saviour's parish.

JOHN OWEN sworn.

I am servant to Mr. Akerman, I know the prisoner, I knew him in June, 1783, he was tried here for stealing a great coat, the property of one Sewell, and received sentence of transportation.

Was he delivered to be transported, pursuant to his sentence? - Yes.

What ship was he put on board of? - I believe he was delivered on board the Swift, under Mr. Moore.

Are you sure that was the man that was tried here? - Yes.

Mr. Silvester. You are one of Mr. Akerman's servants, I take it? - Yes.

You have a great number of men there? - Yes.

Is there any thing particular to make you remember this man more than anybody else? - No more than having him under my care.

What did that man tell you that fetched you in to-day? - He told me I was wanted; when I deliver anybody on board of ship, I always make a remark.

(Looks at a book.)

Do you know every man that has been in your custody? - I know best part of them.

Did you go with all of them on board? - I did.

How many were there? - Eighty seven.

Should you know every man of that eighty-seven? - I believe I have pretty well told the best part of them.

You remember this man being tried for this matter last December sessions? - Yes.

And the Jury acquitted him? - Yes.

Court to Prisoner. Why are you found at large, after the warning you have had? - I applied to go to sea immediately, I applied to one Mr. Blackerar, who was to get me a ship to go to sea.

Mr. BLAKERAR sworn.

The prisoner applied to me to get him a birth to go to the East-Indies; he applied to me through one Chambers that works for me; I have a great many acquaintance, particularly one Mr. Wright, and he would have got a birth, if the ship's husband had not in a very unprecedented manner appointed another person as a butcher: Mr. Wright is not here now, he

was here on Friday, and was obliged to go to Gravesend.

GUILTY , Death .

He was humbly recommended to mercy by the Jury.

Court. Add my recommendation to it.

Tried by the second London Jury before Mr. Baron EYRE .

Reference Number: t17850406-84

498. JOHN HENRY PALMER and MARY JONES were indicted for that they, on the 1st day of July, in the 23d year of his present Majesty's reign , at the Inner Temple, in London, falsly and feloniously did make, forge, counterfeit, and cause and procure to be made, forged, and counterfeited, and willingly aid and assist in the false making, forging, and counterfeiting a certain deed, with the name Richard Bulkeley and Edward Jones thereto subscribed, purporting to be an indenture of apprenticeship from Edward Jones , aged fourteen years, son of Roderick Jones , clerk, deceased, dated 23d June, 1783, for the term of seven years, with intention to defraud James Cecil , Earl of Salisbury , Samuel Lord Bishop of Gloucester , Nathaniel Newnham , Esq ; Alexander Hood , Esq; Richard Cust , Doctor in Divinity , - Dampier, Doctor in Divinity, then being the stewards of the feast of the sons of the clergy, against the statute .

A second Count, For uttering and publishing the same knowing it to be forged, with the like intention.

A third Count, For forging and counterfeiting the same deed with intention to defraud the said Nathaniel Newnham .

A fourth Count, For uttering the same with the like intention.

A fifth Count, For forging the same with intention to defraud the said Alexander Hood .

A sixth Count, For uttering the same with the like intention.

A seventh Count, For forging the same with intention to defraud John Bacon .

An eighth Count, For uttering the same with the like intention.

A ninth Count, For that they having in their custody the said deed, did falsely make, forge and counterfeit upon the back of the said deed, a certain receipt for money, with the name Richard Bulkeley thereto subscribed, purporting to be a receipt from the said Nathaniel Newnham , then secretary of the said stewards of the feast of the sons of the clergy, for the sum of twenty pounds, being the consideration money mentioned in the said deed, and witnessed by Thomas Lloyd and Samuel Morgan , with intention to defraud the said stewards.

A tenth Count, For uttering the same knowing it to be forged with the like intention.

An eleventh Count, For forging said receipt with intent to defraud Nathaniel Newnham .

A twelfth Count, For uttering the same with the like intention.

A thirteenth Count, For forging the said receipt with intent to defraud the said Alexander Hood .

A fourteenth Count, For uttering the same with the like intention.

A fifteenth Count, For forging the said receipt with intent to defraud the said John Bacon .

A sixteenth Count, For uttering the same with the like intention, against the statute.

(The case opened by Mr. Silvester.)

Mr. Knowles. Counsel for the Prisoner Palmer.

Mr. Fielding Counsel for the Prisoner Jones.

WILLIAM SHRIGLEY sworn.

Mr. Silvester. What are you? - I am clerk of the first fruits office; this is an indenture of apprenticeship; it was presented at the office, either by Mrs. Jones, or Mr. Palmer; they came together sometime the last day of June, or the beginning of July, I cannot tell the time of the day.

Did you see them? - Yes.

Did they apply to you? - Yes.

What was their business? - To present these indentures, I suppose.

Did they present these indentures? - They did, I know nothing further, this is at the back of the indenture as I received it, I do not know whether they received the money.

Do not you know who received it? - I do not.

Do not you know what was done in consequence of that? - I do not know, I only know that they presented it; after they are paid. Mr. Bacon takes them and gives a draft on his banker.

Do you know whether that was done in this case? - It certainly was done but I cannot say to whom.

Do they leave it without the money? - Sometimes they do, and sometimes they do not.

Court. Did they come together always? - They generally did, they came two or three times, I cannot say the day they came.

Look at that draft, perhaps you can tell whether that draft was given, when that was brought? - No, I cannot, it is Mr. Bacon's hand writing.

Court. What was their business at the office? - Mrs. Jones came first alone with a petition, she represented her case to Mr. Bacon in my hearing, to obtain one of the stewards signatures, for a certain sum of money for an apprentice, Mr. Bacon immediately from the recommendation of Dr. Hand, whose signature is on the petition, recommended her to Admiral Hood; I believe he wrote a note to the Admiral, for the purpose of obtaining the petition.

Did she represent that she wanted it for a child of her own or any other child? - For a child of her own.

How soon afterwards did you see Palmer? - He did not come till after the petition was signed, I believe they came together, and got a blank indenture.

How long was it before they presented the indenture in the state it now is? - It was but a very little time, they have been together two or three times; I believe in consequence of Mr. Bacon's recommendation, there was a petition signed by Admiral Hood, but I cannot speak to his hand writing; the petition had the name of Admiral Hood to it.

What was Mr. Bacon at that time? - He was Sub-treasurer to the Lord Mayor, Alderman Newnham, he is always secretary; these are the papers.

Mr. SHEPHERD sworn.

Is this Admiral Hood's hand writing? - It is.

Mr. Silvester. Put in the indenture.

Mr. Knowles. No, not the indenture, as this is laid in the indictment to be a forged indenture, I submit to your Lordship, that they have no right to produce this indenture as evidence, till they have proved it to be a forged indenture.

Court. They have intitled themselves to read it, as soon as they have proved that it was produced by the prisoners; as an act from the prisoners, it certainly is to be read in evidence against them, if it does not come out as one of the circumstances of the charge, it will go for nothing.

(The indenture read and examined by the Court.)

(Dated 23d of June, 1783.)

"This indenture witnesses, that Edward

"Jones doth put himself apprentice to

" Richard Bulkeley , of Pool, &c.

(The receipt read.)

Signed, Richard Bulkeley , witnessed Thomas Lloyd , Samuel Morgan .

JOHN ALTON sworn.

Who were the stewards for the year 1783? - The Earl of Salisbury, the Bishop of Gloucester, the Lord Mayor, Admiral Hood, Dr. Cust, and Dr. Dampier.

THOMAS LLOYD sworn.

I know the prisoner Palmer.

Look at that deed? - This is my signature.

Did you see the name of Bulkeley to it? - No, I put my name to it as a witness.

Who signed it besides yourself, here is the name of Samuel Morgan ? - I happened to be at Mr. Palmer's, and he asked me if I would put my name to this indenture.

When was that? - It might be about August was a twelvemonth, or September, 1783, I took no note of it.

Was it the day that that bore date, Sir, do you recollect was it the 23d of June? - I believe so, upon my word, it was not filled up in my presence, it was brought to me ready filled up, I believe the name of Buckeley was subscribed to it; I did not see him sign it, but I know Mr. Buckeley very well, he was of Poole, and he was formerly of Montgomery.

Do you know how he spelt his name? - No, I never took notice.

Look at the back of that indenture? - This is my signing to the receipt, I know Mrs. Jones had a son of the name of Edward Jones , and knowing Mr. Buckeley I signed it, I thought it was common indenture.

What was obtained by this? - I heard twenty pounds was obtained; I happened to be about a year and a half ago, at Mr. Palmer's, and Mrs. Jones was telling me that she was then getting a sum of money for a poor clergyman in Wales, in Montgomeryshire; I asked her who it was, I knew a Mr. Rowland some years ago, and I think that to be the name, he had three sons, I said, I think you are doing a very good thing.

Mr. Fielding. This is all leading to another business.

Mr. Silvester. What do you know of this sum of money, which was to be received under this indenture which you witnessed? - I know nothing at all about it.

What connection had that story with this transaction? - None at all, only that I thought you asked me about Mr. Rowland's money.

Then you do not know what became of that indenture after you had signed it? - No, not any thing at all about it.

Then you of your own knowledge do not know, whether any thing was received upon that indenture or not? - No, Sir, indeed.

Mr. Knowles. You are now talking of business that you suppose passed in 1783? - Yes.

You say you suppose you signed this indenture about August or September? - I suppose so.

The only reason you have to suppose that you signed this indenture or any indenture at this time, was that you see the date, now you have no other recollection of it? - No, only it must be at that time, I was at the house of the prisoner for two or three months.

Did not you know a Mr. Morgan at that time? - No, not by the name of Morgan.

Prisoner Palmer. What, not Mr. Morgan of Wales, a lusty man, recollect yourself? - O yes! there was a Mr. Morgan that used to come there.

Prisoner. Where did you witness that indenture? - In your office.

Are you sure of that? - I think so.

Think so! but are you sure of it? - Sure, no, I would not say, but to the best of my knowledge I witnessed it there.

Court. What way of life have you been in? - I was a Captain in the Montgomery militia.

What was you bred to? - To the law.

Did you practise? - No, Sir, I only happened to be two or three years, I did not know enough of it.

No, I think not indeed, if you did not know that you was not to sign your name to a deed you never saw executed.

RICHARD BUCKELEY sworn.

Where do you live? - At at place called Welch Poole .

Did you live there in 1783? - Yes.

Is there any other person of your name there? - No, Sir, I believe not.

What are you? - I am in different branches of business woollen and linen drapery and hosiery.

Is that your hand writing? - No.

Had you any apprentice of the name of Jones? - No.

Was there any person in the year 1783, of your name or like it in found, at Poole? - No, Sir.

(The petition read.)

Mr. Fielding. Poole I understand to be a pretty large place? - Moderate.

Do you find yourself prepared to say, that there is no person there of the name of Bulkeley besides yourself? - There is not.

I take it for granted, that in Poole, as in other places, there are a great many travelling men, carrying on their business as you do, travelling in carts? - No, I think not.

You cannot say there was no such man? - I do not say that such a thing might not have happened.

All you can say is, that there is no person of the same name that you know off, keeping an open shop with the name written over the door? - Yes, there is no person of my name, but myself.

But whether there are persons of your name that have come there occasionally, you cannot say? - No.

How do you spell your name? - Buckley.

Mr. Knowles. If any person in the year 1783, had come to the town of Poole, and kept house there but for a week perhaps, with goods smuggled suppose, must you necessarily have known it? - No, Sir.

Have you made use of all possible endeavours to know whether there is or not? - I believe they have been made.

Have you searched the rates to learn whether any person of that name or of that occupation lived there near that time? - Yes, we have.

This being near Wales, are there not people frequently coming travelling through Wales? - Yes, from different parts of England there are.

The Rev. LEWIS ROWLAND sworn.

I am a clergyman, resident near Poole, within two miles and three quarters; I know of no mercer, or any person of the name of Buckley, I never head of any person of that name, residing at any time in Poole; I have looked at the poor rates, which are made out monthly.

Mr. Fielding. We must not hear of that.

Court. You live in the neighbourhood, and you have not heard of any other person of the name of Buckley but this gentleman? - No.

Do you know Mr. Buckley's hand writing? - No, I cannot say I do.

THOMAS MORRIS sworn.

What office had you at Poole, in the year 1783? - I was overseer of the poor.

Was there any person of the name of Buckley there, a mercer? - I know this gentleman, I know no other, he spells his name Buckley, I do not think that is his hand writing.

Have you seen him write? - I think I have.

Is it spelt like it? - No.

Is there any person of that name? - No, there is not, I brought the poor rate up with me, there is no such a name in it, it is but a small town.

BENJAMIN DAWSON sworn.

How long have you known Palmer? - About eight months.

Have you often had an opportunity of seeing him write? - Yes.

Whose hand writing do you take that to be? - I should suppose it to be Mr. Palmer's, the receipt particularly, I believe it is the whole of it.

Mr. Knowles. Mr. Dawson, pray who are you? - I am clerk with Messrs. Summer and Campbell, of Dock-head, distillers.

How long have you lived with Mr. Palmer any where? - Never.

Have you been very intimate with him? - Not particularly intimate, I have assisted him in his business, but if we may judge of

one man's hand by another, I think it is, I believe it is.

Are you as certain of one part of that as the other? - I would not swear it is Mr. Palmer's hand writing, I believe it is.

(The order for the payment read, signed Alexander Hood .)

"I agree to allow twenty pounds for

"the within mentioned purposes upon proper

"indentures being filled up and executed

"to the Treasurer of the Sons of the

"Clergy."

Prisoner Palmer. Did you ever see me write? - Yes.

And you are positive that is my hand? - I believe it is, I cannot point blank swear it is your hand; one morning we were together settling Mr. Campbell's accounts.

Prisoner. My Lord, I went there occasionally in the counting-house, and he was behind the counter, he never saw me write, he has seen my writing in books.

Mr. Knowles to Shrigley. You have heard the names of those gentlemen that are mentioned, as stewards of the feast of the Sons of the Clergy? - I have.

Is any part of this money, part of their own fortune? - No.

This money then I understand to be raised by voluntary contributions? - Yes.

Under what circumstances are the officers authorised to distribute that money? - There is a secretary appointed, Mr. Bacon is the secretary, he divides the whole sum equally among the stewards, each steward has his portion, and I believe it is well known they have a right to give to whom they please, I always understood that it is a sufficient sanction for the payment of the money.

You do not conceive that any of these gentlemen, who have a share of the sum collected, have a right to apply it to their own personal necessities or pleasures? - No.

Mr. Knowles. My Lord, I conceive, admitting every fact on this case, that this amounts to no more than a fraud, and that it cannot reach that accumulation of guilt which we call forgery: to support this objection, my reasons are these: that the legislature has from time to time, found it necessary to guard the property of men from those tricks they cannot very well in common prudence foresee; but I believe from the language, that the legislature he shewn in the preamble to those acts, which they have given us as the rules of our conduct, it will always be understood, that this fraud is to be committed on some person in his own personal individual property, and not to be extended to that fraud which should induce him to part with the money of others; for which he was not in point of law to account: great is the difference to society, whether a charity is barely misapplied, or whether a person in possession of an ample fortune is to be totally deprived of that in an instant, by the wicked artifices of any man whatever: the extreme caution that government has taken to prevent frauds of this kind, certainly arises from the great facility with which these things are done, and the very ample mischief which they occasion; but surely my Lord, the mere misapplication of a charity is not that mischief; the very first statue of the 5th of Elizabeth, Chap. 14th which made the forging of a deed, upon second conviction, a capital offence, in the preamble, says,

"it is to the great injury, wrong, hurt, disherison, and utter damage;" So that unless some statute is produced to me, that makes the legislature alter its language, I have a right to say that these prisoners are not the guilty persons, against whom the law meant to wreak its vengeance: another statute was made, which is the 2d of George the Second, Chap 25. and there the preamble says, that

"this evil ought to be checked by further punishment (namely, by making forgery capital in the first instance) because it conveys such infinite prejudice to trade and credit;" surely these are not words sufficiently explicit in an act by which men are to square their conduct; suresly the legislature did did not mean to hold out death, as the penalty of getting by trick, that money which was intended to be given to more worthy objects.

Mr. Fielding. The legislature has guarded the property of corporations.

Mr. Knowles. My Lord, I think upon these grounds, and the observation of my learned friend, that the legislature has guarded the property of corporations, that if they chuse so to shelter themselves against such kind of frauds from all people, they may by applying to the legislature, receive that additional security, which if they are aggrieved, will make the punishment to be the lives of the offenders: but, certainly where these persons are not answerable over to those who have given them the money, as is the case here, no ruin, no prejudice can possibly accrue to them: for those reasons added to this, that it has been the interest of the wisest of all constitutions, and ought to be the interest of every one, that those acts of their's, which are to affect the lives and liberties of their subjects, should be as plain as possible; therefore, surely, this will not be extended to those who might have received further security, this will not be extended to those who have neglected receiving that further security, and are not in their own persons any ways damaged or prejudiced.

Court. The objection has been very ingeniously put, but I do not think it proper to give so much countenance to it, as to call on the other side to answer it. God forbid that funds for public charities should not have the same security that every man's private purse has; they are the absolute owners of this money, it is their property, it is put into their hands upon a trust, as between the subscribers and them, and the subscribers might call upon them if they were to sink the money in their pockets, if it were possible they could act so mean a part; but, as against all the world except the subscribers, it is unquestionably their money, and there is no difference between this case and the case of a corporation, but that where there is a corporation, the money then becomes, the money of that corporation; where there is no corporation, it is the property of those individuals, which, if it had been incorporated would have composed that corporation: the statutes that have been quoted, recites the mischiefs that have arisen in some cases to their disherison, and that it has a tendency to prejudice trade and credit; but that was never meant to confine the operation of the offence to case where judgment of actual disherison was the consequence; or that it should be absolutely necessary, that it should be a case where trade is affected, or where general credit is affected; enough to satisfy the preamble is the definition of forgery; that is the thing we are to go by; and that is the false making an instrument which purports upon the face of it to be good and valid, for the purposes for which it was created, with a design to defraud any person; for it is not possible in this case, but there was a design to defraud these trustees, the individual trustee, the sub-treasurer, who if he paid it, would be answerable; this signature of Alexander Hood , would be no sanction to Mr. Bacon to pay this money on a false deed; I am clearly certain in point of law he would be answerable: this is therefore plainly a case, in which this forgery has been made to defraud every person that are parties in the transaction, and I conclude as I began, God forbid, that the immense funds that are raised in such a country as this for public charities, should not in the hands of those that have the care of then, receive the same protection that the private purse of every individual has!

Court to Palmer. Mr. Palmer, this is the time for you to make your defence, and I call upon you? - I beg leave to refer it to my sister prisoner, to make her defence first.

Court. Well, I will indulge you in that: Mary Jones , what have you to say for yourself.

Prisoner Jones. My Lord, as a clergyman's widow in distress, I apprehended I had a right to apprentice out my child, which I did -

Mr. Fielding. As Council for Mrs. Jones, I object to her being called upon to make her defence first, before Mr. Palmer has made his defence.

PRISONER PALMER's DEFENCE

May it please your Lordship, and you, gentlemen of the Jury, the indenture in question came to me signed with the name of Bulkeley; previous to that indenture being signed, I had seen the petition signed by very respectable characters, unquestionable characters; I could have no doubt that there was any thing amiss in the indenture, nor is it yet proved I presume, because that there was a man of the name of Bulkeley I well knew; I knew a gentleman of that name that came frequently to visit Mrs. Jones; I understood from him that he was to take her son apprentice; I remarked one day, that after the name Bulkeley was signed, that the indenture lacked the necessary appendages of witnesses; accordingly Mr. Lloyd one of the subscribing witnesses who knew the signature (as he said) being there, I did ask him to sign it; it is very usual, I appeal to the Jury, for bills to come frequently from the country without necessary indorsements; any indifferent clerk or other person may put an indorsement on that bill, yet though it is an absolute forgery, it is not with intent to defraud; and I did not think myself any ways culpable or criminal in asking a person to sign an indenture, who had acknowledged that he well knew the name of Buckley. As to having uttered the indenture, I deny that; I never did, and I am pretty positive that Mrs. Jones never did: I wish to ask Mr. Shrigley, whether at the distance of two years back he can identify my person, or that of Mrs. Jones's; or what particularly struck him that he should recollect our persons after two years.

Court to Shrigley. The prisoners desire to know what reason you have to take notice of them? - There was a leading circumstance that led me to it, and which in fact led me to a discovery of the forgery: upon a subsequent forgery in the name of Rowland, there was a great deal of stir, and in seeking about it we found that Mr. Palmer was a principal mediator, and I recollected him to be the same man that came on that business.

Prisoner Jones. You did not see me with Mr. Palmer? - No.

Court to Palmer. Do you withdraw yourself entirely from all concern with it; or was you yourself imposed on? - I say, I was myself imposed on; I will appeal to the gentlemen of the Jury, whether any of the gentlemen would not have done the same as I did: I did not utter that indenture.

Court. Can you shew by witnesses in what manner, and by what way, that indenture was brought to you? - What I did was merely out of friendship and humanity to Mrs. Jones; at her desire I did assist her in going to Mr. Bacon's office, Mr. Bacon did send it back to Mr. Hood; it was recommended by Dr. Hand, of Cripplegate, and signed by the two church-wardens: I do acknowledge that I did fill up the indenture; and likewise, that I saw it with the name of Bulkeley to it, at Vauxhall; that was where Mr. Lloyd witnessed it.

Court. You bring yourself a good way into it by acknowledging so much; do you give the Jury any account of who that Bulkeley was? - I only knew Mr. Bulkeley as I did Mr. Lloyd, though Mrs. Jones.

Mr. Knowles. My Lord, Mr. Palmer kept an office of Universal intelligence, and in procuring of servants, which was within that line.

SARAH DUNELL sworn.

I was a servant with Mr. Palmer in 1780, at No. 5, White's-row, Vauxhall; there was a gentleman that often came there, and Mr. Palmer and Mrs. Jones called him Mr. Buckley, he often came there with handkerchiefs and pieces of waistcoats: there was a boy that had red hair, and I often heard Mrs. Jones say, she was going to bind him apprentice to this Mr. Buckley, that was her son. I did not know where this Mr. Buckley lived.

The Remainder of this Trial in the next Part, which will be published in a few Days.

Reference Number: t17850406-84

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 6th of APRIL 1785, and the following Days;

Being the FOURTH SESSION in the Mayoralty of The Right Hon. RICHARD CLARK , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER IV. PART VII.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXV.

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of J. H. Palmer and M. Jones.

Do you remember any transactions between Mr. Buckley and any person at Mr. Palmer's house? - I know Mrs. Jones and Mr. Palmer were talking of putting their son apprentice, and I saw a young lad with red hair.

What business was Palmer? - He lived in Broad-street, and kept an office; he then lived there retired from business, for the benefit of his creditors.

What kind of office was this? - It was an office for all intelligence.

Mr. Knowles. I suppose there were a great many people always at this office? - A great many.

Court. Did you live with him at the office? - Yes, I did.

Mr. Silvester. Where was this office? - In Broad-street he kept an office, and afterwards he went to live at White's-Row, Vauxhall.

Of what did his family consist? - Only Mrs. Jones, himself, and a servant.

Court. What did his family consist of in town? - Only me and himself; I lived as his servant in Broad-street.

What was become of Mrs. Jones then? - I do not know.

How long had he lived in White's-row? - About five or six months.

He left the office for debt, and lived in White's-row about six months? - Yes.

Prisoner Palmer. Please to ask her whether she saw Mr. Buckley sign the Indenture? - I remember him coming there many times, but I do not remember him signing any paper.

Court to Mary Jones . Now what have you to say for yourself? - I know no more but there was a man of the name of Buckley.

Court. But you know you have taken upon yourself to produce an indenture, by which your son was bound to a man of the name of Bulkley, living at Poole, in Montgomeryshire? - He certainly was there at that time when he was bound.

Mr. Fielding. My Lord, I submit on the part of Mrs. Jones, that no witness through this whole evidence affects her, as having any concern with this instrument.

Court. She uttered it, whether she knew it is another thing.

Court to Mrs. Jones. I understand this application for the apprentice fee was for your own son; you ought to have known

whether you had bound him apprentice to anybody, and whom? - I did not know he was obliged to reside constantly in Poole.

Can you prove that the transaction was a real one, that there was a master for your son, and that your son was really intended to be bound apprentice, and that this is not all a fiction? - The woman has proved that there was such a man.

Court. Have you any witnesses for her? - No, my Lord.

The Jury withdrew for a short time, and returned with a verdict.

JOHN HENRY PALMER GUILTY of the whole indictment, Death .

MARY JONES GUILTY of uttering the indenture knowing it to be forged , Death .

Tried by the Second London Jury before Mr. Baron EYRE .

Reference Number: t17850406-85

499. JOHN HUGHES was indicted for feloniously assaulting James Browning on the King's highway, on the 28th of February last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one pound and an half of thread, value 19 s. 6 d. twelve pieces of Holland tape, value 6 s. sixty pieces of Dutch tape, value 2 l. 19 s. nine pieces of fine bobbin, value 2 s. 3 d. the property of Ambrose Laufere .

JAMES BROWNING sworn.

On the 28th of February, between seven and eight at night, I was going up Fleet-street, and this man followed me, I had a paper parcel, in which was thread, tape, and gloves, when I crossed the way he crossed after me, I had some suspicion of him, and I crossed again, and he attempted to follow me, then I crossed again, and he stopped me and asked me which was the White Horse; it was the prisoner that followed me from Fleet Market ; then there was another with him, and they made believe as if they were drunk, they stopped my mouth for ten minutes together, that I could not cry out; it might not be so long as ten minutes, they held their hands over my mouth.

Mr. Peatt, Prisoner's Council. What is your name? - James Browning .

Some person overtook you in Fleet Market? - No, it was just by Fleet Market.

Did you ever see that person before? - No, I saw him standing there, I took no notice, I went on, he followed me.

Did he offer you any money for your bundle? - No.

Had not you a long conversation with him? - No.

Did he ever offer you any money? - No, no conversation of that sort.

A. Temple-bar you say you was stopped? - Sir, he met me by the pastry-cook's at Temple-bar, it was between seven and eight, at the pastry-cook's I viewed his face.

Are you short-sighted? - I can see very clear, Sir, thank God.

What conversation have you had with Sir Sampson's men? - None.

Why did not you call out? - I did, as soon as I could; and the people went over, I did not call out at first, because I could not, and after they left me, I could not catch them.

Were not their hands hollow over your mouth? - No, their hands were close to my mouth: I am sure it is the man, because he stopped me at the pastry-cook's so long a time, I viewed him there.

Did the prisoner desire the magistrate might have him examined in a different coat? - No, I did not hear him say such a thing.

Was you asked before the Magistrate what coat he had on? - No.

Did the prisoner desire the Magistrate to ask you that? - Yes, but I said I would not swear to his clothes, only to his face; no money was offered of held out to me.

JOHN TATE sworn.

I sent a parcel by the lad of thread and tapes. This is a memorandum of the several things, I set them down last Saturday, I took this memorandum from the invoice, I am very sure that all the things I put in

there were in that parcel, they are the things mentioned in the indictment; I sent him about seven, it was near nine when he came home, he brought a man with him, I do not know the man, but he seeing the boy in great confusion, came to tell that he was robbed; the boy was very much frightened for fear his master should be angry.

Had the boy ever lost any thing before? - No.

How came he to be so much frightened? - I should think it was natural, he said he was followed by a man from Fleet Market, and robbed under Temple-bar; the prisoner was taken up about five weeks after, at the White Horse alehouse, the things were never got again.

Mr. Peatt. How long have you known that boy? - Not quite three months.

Was it his custom to loiter on the way, when he was sent of an errand? - Not to my knowledge, I never went with him.

Would you trust him with a sum of money? - Yes.

JOHN ATKINS sworn.

I only know of the lad's coming to give information against the prisoner, it was on Monday morning, there were several people shewn him, and he did not know any of them, till last Sunday we apprehended this man, with two more, and this lad found him out.

What did you apprehend the prisoner for? - On suspicion of this robbery, from the description of the boy; there were two seals, a chain and key, without a watch, found upon the prisoner; and this stick, and other things and duplicates which were returned to him.

Mr. Peatt. Who was with you? - Shallard, King, and Carpmeal; Jealous was in the coach, we had it to the door, we came out and left Hughes behind.

Who did you bring out with you? - One Short a house-breaker, I did not immediately recollect Hughes, and I went and fetched the prisoner.

What is the reward in case this man is convicted? - You know the reward.

How much is the reward? - Forty pounds, you know.

PRISONER's DEFENCE.

I never saw the boy before I saw him at the office, I work hard for my living.

The prisoner called five witnesses who all gave him a very good character.

Jury to Prosecutor. How long has the boy lived in his place? - Four or five months, I have no doubt of the boy's honesty and care in my mind.

GUILTY , Death .

He was humbly recommended to mercy by the Prosecutor.

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17850406-86

500. UZIEL BARRAH was indicted for feloniously receiving on the 6th day of March last, one silver tankard, value 15 l. one silver milk-pan, value 15 s. one silver candlestick, value 40 s. one silver pint mug, value 3 l. four silver butter boats, value 8 l. a silver caudle cup, value 30 s. a pair of silver sugar-tongs, value 8 s. ten silver teaspoons, value 30 s. a silver tea-strainer, value 3 s. a silver desert spoon, value 8 s. one silver castor, value 3 s. the property of Robert Snow , of which William Harding has at this present session been convicted of feloniously and burglariously stealing; knowing the same to be stolen .

The Case was opened by Mr. Knowles.

The Record of the conviction of William Harding read and examined by Mr. Silvester, one of the Prisoner's Councel.

JACOB AARON sworn.

Do you know William Harding ? - Yes.

You are the prisoner's servant? - Yes, I am.

When did you see Harding at your master's house? - On Sunday morning the 6th of March.

What time did he come? - About seven in the morning.

Was it that Harding who was at this bar a little while ago? - It was.

Who was with him? - Bill Steward .

Have you seen this man before at your house? - I have seen Bill Steward , but never before Bill Harding ; Bill Harding and Bill Steward came together, and about ten minutes afterwards Bill Harding's wife came, what they call his wife; and I was called up stairs to my mistress.

Was your master there? - No.

Mr. Silvester. Do not tell us any thing that happened, except he was present? - Then I can say nothing at all.

Mr. Knowles. Had the woman any thing particular in her appearance at the time she came? - Yes, like a bundle under her petticoats.

ABRAHAM NATHAN sworn.

You was the prisoner's servant? - Yes.

Do you remember Bill Harding and Bill Steward being at the house at any time? - Yes, on Sunday morning the 6th of March, I went on an errand for my master, when I came back I was going up stairs to deliver my message.

Mr. Silvester. Was your master there when you came back? - No.

Mr. Silvester. Then do not tell us what passed when your master was not there.

Mr. Knowles. Was your master at home when Harding and Steward came there? - My master came in while I was below.

Was Steward and Harding there then? - Yes, I went up stairs and Steward gave me half a crown.

Where was your master? - He was in the kitchen, fronting them, standing by the fire.

Who was there besides? - I saw nobody else there; in my master's presence Steward gave me half a crown, and my master came down stairs, with a bag in his hand, and he spoke sharp to me, and asked me for a bit of string, I had none at hand, and I gave him my garter.

Where was that bag put? - In a place in the parlour, which was called the plant.

In what place was this plant? - In the wainscot.

Was it visible to anybody as a cupboard, or was it a secret place? - A secret place.

How did the wainscot open? - There was a little hole at the bottom of it, and one could put in a gimblet, or the point of a knife, and it lifted up, and drew out.

Was there any hinge to it? - No; I went up to the officers at Bow-street, and gave information.

Was you with the officers, when the house was searched? - No, Sir, I was not.

Court. Do you know what was in it? - I heard the rattling of the sound of plate, I did not see it, because it was shut too.

Did you know the bag when you saw it? - I cannot say I knew it, it was a small sized bag.

Did you ever know what was in it? - It was the same bag that was put in, I am sure of that.

Mr. Silvester. Why Nathan, you did not see the bag brought in? - Where.

Why do not you know where, into the Synagogue? - I saw my master put it in, I could not swear to the bag, I saw my master put a bag in, and I heard the plate rattle, I know it was the same bag.

You was examined I believe by a learned friend of mine, that is not here present, and you admitted you had perjured yourself, over and over again; did not you give a different ac count before Sir Sampson? - No, Sir, I do not know I gave him a different account.

Did not you vary your account before Sir Sampson? - No.

What did you swear before Sir Sampson? - I said then what I say now, no further than about what happened at Kingston.

You lived with the prisoner? - I lived with Mr. Barrah three years and a half;

Steward was no friend of mine, he gave me half-a-crown for a present.

Where was your master gone when you came home? - I do not know, I was in about ten minutes or a quarter of an hour before he came in.

You saw nothing pass between Harding and your master? - No, Sir, I never saw Harding before, nor I did not know him then.

MOSES MORANT sworn.

You are the officer that called at Barrah's house? - Yes, Sir, it was on Sunday morning, a little before ten, on the 6th of March, I went there on the information of Abraham Nathan , he came up to Sir Sampson's, and said he believed there was a quantity of plate in Mr. Barrah's house, he said it was in the wainscot, and that I was very near the plant when I was there before, he did not say whether it was in a bag or not, and he described to me a little hole over the black part of the wainscot, at the bottom he said, if I found that little hole, that part of the wainscot opened; I went, and Mr. Clark, and two or three more officers, to Mr. Barrah's, both Mr. Barrah and his wife were at home, we told them we came to search the house on information, we were there before eleven the same morning; they both said there was nothing in the house, and that Mr. Clark was very welcome to search, he said there were a few pounds of butter, and that was all they had; they desired that Mr. Clark would search the house, and he turned round to me, and said no, that is the man that is to search it, and Shallard went down into the parlour, and there was a place in the floor, I opened it, it turned up, and I put my arm in as far as I could reach, and Barrah himself went with me, and he said here is nothing indeed, I have nothing in the house; we found nothing in that hole, I then began to look on the wainscot, and it was very dark, and Shallard went to get a candle, and looked about, I then saw the hole in the middle of the wainscot, under the cupboard, near the floor, under the skirting board; I then took my knife, and stuck the top of my knife into the hole, and it slid up, and lifted out at the bottom; I rose up upon my feet, and I found this bag of plate, and thirty-six skins for buck skin breeches, and three bundles of linen, two tied in a handkerchief, and one in a table cloth, I asked Barrah if he knew any thing of the things in that hole, and his answer was, cannot you let them alone; besides these things there was a jack for breaking open doors, and some picklock keys.

Mr. Knowles. Was that bag tied up with any thing? - It was tied up with a piece of black ribbon, which is here now; I said to Barrah, who brought these things to your house? he told me he would tell me, if he could be admitted an evidence, I said do you know who the thieves are? he said he would tell, if he could be admitted an evidence, I told him to go to Mr. Clark; Shallard went and fetched Clark down stairs, and Clark says, what do you think of this Mr. Barrah, and he wanted to be admitted an evidence, and Clark said he would have nothing to do with him.

Mr. Silvester. That information you had from that little Jew boy? - Yes.

What had you said to Barrah, when you came there? - I asked him if he knew who the thieves were.

And it would be better for him? - No, I said nothing that it would be better for him, I do not know that there was any private conversation between Clarke and him, Macmanus was with him, he is here.

- SHALLARD sworn.

On Sunday the 6th of March, I went to Barrah's house, and we searched the house, and found this plate concealed inside the wainscot, I was with him when he found the things; Barrah wanted to be an evidence.

What was the bag tied with? - A black ribbon.

Mr. Garrow one of Prisoner's Council. Would your Lordship ask Nathan, whether he has not perjured himself.

Court. No.

Mr. Garrow. May not I ask him, whether he has confessed that he has perjured himself?

Court. No, you may prove it, but not ask it of himself.

Court to Nathan. Do you know the black ribbon? - This bit of black ribbon, is like the bit, I took it for a garter.

JOHN WADDINGTON sworn.

(Deposed to the tankard.)

I know it by the size; I have lived with Mr. Snow eleven years, I have used it all that time, I know the candlestick, and I have a desert spoon, the fellow of this one that is here, all the plate is Mr. Snow's.

Mr. Garrow. You was here at the time that Harding was tried? - Yes.

Did you hear the Jew boy examined? - Yes, I heard somebody say something about him.

Do you remember an enquiry of this sort about him, whether he had confessed in the course of the preceding week, that he had perjured himself? - I remember some gentleman saying something to him.

But you do not remember what it was? - I do not remember anything about it, I remember hearing you make a noise about the affair, my intention was to know the plate.

After you was examined, you remember the Jew boy was called and examined? - Yes.

Now you remember somebody made a noise at him, about being perjured? - I remember a noise, but I do not remember what about.

MARY ROBINSON sworn.

I know that tea spoon by a crush, it is Mr. Snow's property, and this milk pan, and ladle I know, and this spoon, this muffincer, and this desert spoon.

Mr. Garrow. You was in Court at the time the Jew boy was examined, on the former trial? - Yes.

Do you remember my questioning him, about what had passed at Kingston? - No, I do not remember anything that passed at Kingston.

Do you remember my questioning that boy, whether he had confessed any thing at Kingston? - I remember he said he was sorry for what he had said at Sir Sampson's office, that is all I recollect about it.

Do you remember my asking him in this way, are you the same Nathan that I cross examined at Kingston? - Yes.

You do not know whether he said it was false or not? - No, I do not.

Court. Mr. Barrah, if you wish to state anything, you must do it yourself.

PRISONER's DEFENCE.

My Lord, and Gentlemen of the Jury, I was not in the house, and I knew nothing of this transaction, I have witnesses to the proof of it, I was in the street when these gentlemen came, if I had known any thing of this transaction, I had time to have gone about my business, I have witnesses to prove I was not in the house, and knew nothing of the matter.

Court to Morant. What time did the information come to the office? - Between nine and ten, I went in about a quarter of an hour after, the prisoner lives near three miles, he lives in Dukes-street, Dukes-Place, one man was left below with the prisoner.

Court to Nathan. What time did you set out from Mr. Barrah's, to go to the office? - About eight or a little after, I said I was gone to the stable to the horse, I go there every morning, and noon, and afternoon, if I cleaned the horse in the morning, I used to stay an hour, or an hour and a half, or two hours.

Mr. Silvester. Do you know a man of the name of Fernandy? - Yes.

Had you any conversation with him? - He offered me twenty pounds, and Mr. Barrah offered me ten guineas to contradict it.

Did you offer to go out of the way for fifty pounds? - No, Sir, I did not.

ELIZABETH BAYLEY sworn.

I was at Mr. Barrah's house on Sunday morning the 6th of March, when some things were found, Mr. Barrah was not at home, he came in about half an hour after the young men were gone, I am sure he was not at home when the young men were in the house; I was servant to Mr. Barrah at the time.

Mr. Knowles. What time did these young men come in? - Between seven and eight.

Do you know what they left there? - I believe it might be some plate.

Do not you know it was? - I was not in the house, I was in the room before they went up stairs, and I went up stairs with them, I am sure my master was not at home, he could not come up stairs without I saw him, nobody can go up stairs without going by the kitchen, they were all in the two pair of stairs, in the front room the bed chamber; I remember Aaron being there, all these were in the kitchen afterwards; I have lived with Mr. Barrah about a twelvemonth, I had no application to come here, Mr. Barrah did not apply to me, but I thought it my duty to come.

Did not you communicate to your mistress, that you knew this when you heard your master was in trouble? - Certainly Sir, I said, I would prove as far as I knew.

Court. Do you know Bill Harding and Bill Steward ? - I believe I should know their names, I have heard that one of these has been been tried since, I was not here then, they might stay three quarters of an hour, my mistress carried it down, it was in a bag, my mistress tied up that bag, my mistress would tie it up with a bit of black ribbon.

Where did you find that bit of black ribbon? - I get it off my leg, it was a garter of my own; I did not see Nathan there then, he was in the house that morning, but not while the young men were there. she would not leave the things out.

Where do you think she went? - I cannot tell whether the things were there afterwards, my master knew nothing of it.

ABRAHAM FERNANDEZ sworn.

I knew Nathan, one day coming with Mr. Mendez Dacosta, in Devonshire-square, I saw this young lad in the place, called Woolpack-alley, I knew him before, he told me, says he, Sir, I shall be able to come to your school to your tuition in a few weeks, I shall come constant; he said, it was in his power to do his master good or bad, at the Old Bailey, he said, his master was out and came in again when the goods were found; he said, it was concerning some plate; he told me to intercede with his mistress, if she could but let him have a trifle, I believe about twenty pounds, or else he said, he should swear positively to his master buying some plate; I never was at this place before now.

What are you? - I belong to the Hebrew College; this boy was learning to write.

MARY COLE sworn.

I live in Gravel-lane, Houndsditch, I do not know any thing about the plate, any further than three or four days after the boy did what he did to his master, I was going through Whitechapel, there I saw Mr. Nathans, I had a little talk with him, he stopped me and asked me how I did, I asked him how he could have the face to ask any body how they did, after he had done such an imprudent thing; the man had before told me, that this master was not in the house; and he said, he was sorry for what he had done, but he said he could avoid swearing to it at the Old Bailey, and if his mistress would give him a sum of money he would go out of the way, and not appear against his master at the Sessions.

She did not send him any money in consequence? - No, he said, his master was not in the house at the time the man brought the plate there, he said, his mistress brought the bag upon the stairs and gave it to him, and he put it into a hole.

I suppose you do not know what a plant is? - No, I have not seen the boy since.

Court. Then the boy told you how this happened? - Yes, he told me his mistress

brought the bag on the stairs, and gave it to him, and he put it in the hole.

Who did you first tell this conversation to? - To Mrs. Barrah, I went and told her.

GUILTY .

Transported for fourteen years to Africa .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17850406-87

501. RICHARD TRUMAN was indicted for feloniously stealing, on the 1st day of April last, twelve pounds weight of moist sugar , the property of Thomas Hibberd , Edward Fewer , and George Hibberd .

GUILTY .

To be privately whipped and confined six months in the House of Correction .

Tried by the first London Jury before Mr. ROSE.

Reference Number: t17850406-88

502. SAMUEL BLACKMORE was indicted for feloniously stealing, on the 28th day of March last, one silver milk ewer, value 10 s. the property of John Corkhill .

JOHN CORKHILL sworn.

I live in Hanover-court, Grub-street ; on Monday the 28th of March, I lost a silver ewer: I did not miss it that night, I saw it afterwards at Mr. Clegg's, a pawnbroker, on Wednesday; my name was on it, I. C. C. I have had it seven years, I can swear to it.

CATHERINE CORKHILL sworn.

I am wife of the last witness, I saw my ewer on Easter Monday, about six o'clock, I put it in a corner cup-board, where I always put it, which was unlocked and had a button on it, and about nine on Tuesday morning, I missed it; I found it at Mr. Clegg's on the 29th; nobody was in my place the evening I lost it, besides the prisoner and another young man, he had lodged with me a fortnight before, he came that night about eight o'clock, and said, he had been making holiday, he sat down by the fire, I went up stairs, and when I came down he was gone out; the other young man was there before he came, and after he went away.

The pawnbroker's servant produced the milk ewer which he received in pledge that evening from the prisoner (deposed to) the pawnbroker's man knew the prisoner before.

Prisoner. I know nothing of it.

GUILTY .

Transported for seven years .

Tried by the first London Jury before Mr. ROSE.

Reference Number: t17850406-89

503. RICHARD MULLINEAUX and WILLIAM RICHARDS were indicted for feloniously stealing, on the 24th day of March last, sixty-eight pounds weight of raisins, value 40 s. and three rush baskets, value 3 d. being on a certain wharf, near the navigable river of Thames .

BOTH NOT GUILTY .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17850406-90

504. JAMES ROBERTS was indicted for feloniously stealing, on the 2d day of April , one linen handkerchief, value 1 s. the property of George Gordon .

The prisoner was a little boy , and was seen picking the prosecutor's pocket by Samuel Green, the prisoner was soon after joined by a man, who escaped.

Court to Prisoner. Who was this man? - I had no man with me.

GUILTY .

Sentence respited .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850406-91

505. WILLIAM DENMAN was indicted for feloniously stealing, on the 5th day of March last, one laced hammer cloth, value 5 l. the property of Jeremiah Crutchley , Esq ; privily in his stable .

GILES HATT sworn.

I am coachman to the prosecutor; on the 4th day of March, I was waiting to put to, and I left the door of my coach-house unlocked, the next morning I missed my hammer cloth, which was in the coach-house; I never saw the prisoner till he was at the office.

JOHN SAYER sworn.

On the 5th of March, I took the prisoner in St. Paul's Church-yard, between twelve and one, I took him to a public house, he went willingly, and he flung down the hammer cloth and ran away, I pursued him and took him: there was another man with him, and he said before the Justice, he had it from him.

(The hammer cloth deposed to.)

PRISONER's DEFENCE.

On Saturday the 5th of March, in the forenoon, a man came up to my lodgings, and enquired for a porter, he had a bag in his hand, which was open at one end; he said, he wanted a porter to carry it to the Swan with Two Necks, in Lad-lane: I went with him and was stopped; I looked round for the man and he was gone, I thought it was a snare laid for me: I met the man afterwards, and I had not power to speak to him.

MARGARET COOPR sworn.

On Saturday morning the 5th of March, between ten and eleven a man came to the prisoner with a black coat and round hat, and a bundle under his arm: I am a mantua-maker, I was at work, the prisoner lodges with me; the man asked for a porter, I called William, and the prisoner went to the door: the prisoner used to carry home my husband's work: my husband is a shoemaker, I did live in Ryder's-court: I live at the top of Hedge-lane now, the prisoner has lodged with me two years.

ELIZABETH HEATH sworn.

I live in New-street, Fetter-lane, I have known the prisoner between six and seven years, I work at my needle; I was at Mrs. Cooper's house at the time he was called down, I went there with some needle work, and I saw the man stand at the door, he came and asked if there was a porter lodged there, and she said, yes, and she called him down, and he went to the man: the man had a bundle under his arm.

NICHOLAS THOMPSON sworn.

I am a sworn appraiser, house-broker, and undertaker, I have known the prisoner between two and three years, and employed him as a porter; he behaved honest.

Hatt. My Lord, this Mrs. Heath is the prisoner's sister, she came to my master's the next morning to beg favour.

Court to Heath. Is the prisoner your brother? - Brother in law.

Did you go to the prosecutor's? - No.

Are you sure of that? - Yes; I met the coachman on the road, but I did not go to his house, he told me he had been for the hammer cloth, and the Justice would not let him have it.

How came he to know you? - I have seen the carriage before at the house, I have lived in families, and it is common to say, there goes such an one's carriage.

Hatt. I saw this woman at my master's door, talking to the footman.

Heath. I was in that street that morning,

I was by the door, upon the step of the door, I was not in the house.

Was you ever there before? - Never, but once, I went there after a place: I went into the street thinking to see some of the servants, if they would tell me any thing about it; I went into Piccadilly to No. 13, I was up that street.

Coachman. She was at the door with a child in her arms, and was there over night.

Court. Was you there over night? - Yes.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Justice NARES.

Reference Number: t17850406-92

506. THOMAS STRUTT was indicted for feloniously stealing, on the 28th day of March last, one leather pocket book, value 6 d. the property of a person unknown.

THOMAS SMART sworn.

I was standing in St. Paul's Churchyard , whilst the Lord Mayor was passing in the state coach, and I saw the prisoner and another run against a seafaring man, and the prisoner with one hand opened his pocket, and took out a black leather pocket book, and put it into his bosom; I ran after him, and at the corner of the Old Change, I caught hold of the skirts of his coat, and he threw down the pocket book, I stooped to pick it up, and he jumped out of my hands, the owner of the pocket book came after me, and I gave it him, I did not ask him his name: the pr isoner got away for that time: I saw the prisoner again on the Wednesday following, I was at home in the Old Change, and Deputy Clements sent for me: I am sure the prisoner is the same man.

Prisoner. I am not the person.

ROBERT SEABROOK sworn.

I was standing at the top of Cheapside, and I saw the prisoner pick a gentleman's pocket of a black leather pocket book, he got off then, but I saw him the next day and gave information, and he was taken, I have no doubt of his person.

THOMAS WARREN sworn.

I was doing duty in Cheapside, and I was informed of the prisoner having taken a pocket book the day before, and I saw him attempting to pick pockets and hustling, I took three old handkerchiefs from him.

Prisoner. Those three old handkerchiefs were my own, I know nothing of the pocket book, I have had people here all the week.

GUILTY .

Transported for seven years .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17850406-93

507. PETER DOYLE was indicted for feloniously stealing, on the 21st day of March last, one iron twivel with a wooden handle, value 5 s. and one piece of iron with a wooden handle, called a key, value 5 s. the goods and chattles of the Governor and Company of the New River brought from Chadwell and Amwell to London.

Prisoner. I borrowed the things to do a temporary job, and when I came to Fleet-Market, I bethought myself I had done a wrong thing, and I was going back with them: I had no tools, and I did not intend to keep them; the job was for one Kennedy in Fleet Market; I have a character, he is here every day all last week.

GUILTY .

Whipped .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17850406-94

508. JOSEPH WELDIN was indicted for feloniously stealing, on the 17th

day of March last, one pewter quart pot, value 20 d. the property of Ebenezer Brown .

The Prosecutor was called on his recognizance and not appearing the prisoner was ACQUITTED .

Reference Number: t17850406-95

509. JOHN HALE was indicted for falsly and feloniously making, forging, and counterfeiting, on the 28th of February last, a certain deed with a certain mark there-unto subscribed, purporting to be the mark of one Thomas Mark , and to be a letter of attorney, and to be sealed and delivered by the said Thomas Mark , with intent to defraud Robert Rashleigh and Co.

A second count, For uttering the same with the like intention.

Vernon Lee , was called on his subpoena, and there being no other evidence, the prisoner was ACQUITTED .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17850406-96

510. WILLIAM THORLEY was indicted for feloniously assaulting John Newens , on the King's-highway, on the 28th day of March last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one silver watch, value 50 s. his property .

There being no evidence to affect the prisoner, he was not put on his defence.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Justice NARES.

Reference Number: t17850406-97

511. JOHN WEBB was indicted for feloniously stealing on the 11th day of December last three bushels of coals, value 3 s. one trivet, value 10 d. one hanging iron, value 6 d. five pounds weight of tallow candles, value 3 s. two linen glass cloths, value 1 s. and two linen knife cloths, value 6 d. the property of Thomas Isherwood , Esq ;

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850406-98

512. JOHN LEAF was indicted for feloniously stealing, on the 23d day of March last, seven ounces weight of bohea tea, value 2 s. the property of the United Company of Merchants trading to the East Indies .

RICHARD NOBLE sworn.

I am an officer stationed at Fenchurch-street tea-warehouse; the prisoner and Henry Holding came into into the yard with one of the elders, and Holding desired me to go with the prisoner to the warehouse-keeper, and when we came in Holding said the prisoner had some tea, and he took it out of the prisoner's left hand coat pocket, it was what we call congou tea, it was weighed, I have had it ever since.

Mr. Garrow, Prisoner's Council. How long have you known Holding? - I have been in the warehouse ten years, he was there then.

Do you know any thing of his character? - Nothing at all.

How long have you known the prisoner? - I have known him since he has been in the warehouse; I have heard that the prisoner was subject to fits, since he was detected and brought before Mr. Stockdale the warehouse-keeper; he looked like a man then that did not know what he had done, I heard a day or two after that he had had a fit just before this happened.

HENRY HOLDING sworn.

I brought the prisoner to the last witness on the 23d of March, as I was crossing through one of the rooms, where we lay down the teas for inspection among the brokers, I saw the prisoner take the tea out of a chest, and put it into his pocket in a small bag, he told me he was going to get some nails; his business was to go and fetch the nails and return without going up one of the allies where these chests were laid open for shew; I immediately told him he had been doing that which was very wrong, and insisted upon seeing what he had in his pocket, I found it was tea, and I took him down to Mr. Stockdale; I never heard the prisoner was guilty of any thing of the kind before; he has been in the warehouse about seven or eight months; I am credibly informed he is subject to fits, but my business lays in another part of the warehouse.

Mr. Garrow. What reward do the company give for the detection of these sort of pilferers? - I do not know, I never received any.

Do not they give a guinea? - It is so stuck up on the stair-case.

How long have you been in the warehouse? - Upwards of six years.

Was there any thing remarkable that made you leave the keys? - No.

You was a tobacco merchant? - No, Sir, I dealt in it in the retail way, I never hawked it about, I have a hundred customers now that deal with me.

PRISONER's DEFENCE.

I do not know any thing about the bag, or putting tea into it, or whether he took it from me I cannot say, I was in a fit just at the time, and after that I cannot pretend to say that I remember five minutes that are past.

DAVID ROBERTS sworn.

I live in the Hay-market, I am a tavern-keeper, I have known the prisoner about eleven years, he is a very honest man, he asked the blue posts in Maiden-lane, which I kept formerly, and many respectable people came there; he is subject to fits, but I never saw him in any.

Court. From your own observation, what is his capacity now? - I believe very weak in his head, very weak indeed.

RICHARD MARTIN sworn.

I live at Lambeth; I have known the prisoner about nine months; I have lived in the parish seven years, I never heard the least thing against him; I was coming with him about five or six months since, and just as he came to the Dog and Duck he dropped down in a fit; he seemed to be almost strangled all of a sudden, it held him about a quarter of an hour, and his head appeared very wild, and very disordered after for some time.

JOSEPH SHOVE sworn.

I have known him sixteen years, he is a very honest man, but subject to fits.

Court. Do you mean that fits have disturbed his capacity and understanding? - I think so, stupified quite.

You look upon him now to be a weak man? - Very weak Sir, I always did.

JOHN FOREMAN sworn.

I have known the prisoner twelve years, he is a very honest man, his general state of intellect is quite weak, he has not known what he has done for two or three hours together.

PETER CAPPER sworn.

I have known him upwards of five years, I have often seen him in fits, I saw him in that fit which Mr. Martin spoke of; he always bore a very honest character; his head, after some fits, continues very bad for three, four, or several hours; the general state of his head is weak.

JOHN ARNOLD sworn.

I have known him about eight or nine years, his general character was that of a very honest man; I have had an opportunity

of judging of his head; when I first knew him I thought he was in a state of intoxication frequently; but I have seen him early in the morning, and walked with him to town in the month of January, before it was light, and he talked then in a rambling way; I think him a man weak in his head, and disordered in his mind.

JAMES WORCESTER sworn.

I work in the warehouse with the prisoner; I was at work on the day the tea was found; I saw him about an hour and a quarter, as near as I can judge, I went to him, and shook hands with him; he was leaning upon a chest; I said, how do you do Leaf? his eyes were fixed, never a word; how do you do old boy? says I; never a word; I went and told a man there that he was certainly mad, and the man said he had spoken to him, and he gave him no answer: I have seen him in fits twice, and held him up; the last I saw him in, was at Fenchurch-street, just by the warehouse; I am very sure he is not in his senses at times.

WILLIAM CHAMBERLAIN sworn.

I remember this transaction, the prisoner appears to me not to be right in his head, he has a stupidity about him at times.

Court to Noble. Had you any conversation with the prisoner when you went with him to the warehouse-keeper? - Not a word.

Did the warehouse-keeper say any thing to him? - No farther than he turned the bag out, and he asked him if it was a bag for the purpose; and the prisoner told him no, it was a bag that he brought his bread and cheese in.

Jury. Did there appear to be any crumbs in the bag, as if bread and cheese had been in it? - I did not observe.

Court. Did the warehouse-keeper ask him how he came to take the tea? - He asked him what business he had in the warehouse? and he said he was going for nails; he gave his answer with a good deal of hesitation.

Did he appear to you to know what he said? - Upon my word I really think he did.

Jury. Turn it out in your hat, and see if there are any crumbs of bread and cheese in it? - If there were any they might be left behind on the paper, the tea has been weighed in a scale once or twice.

(The tea was turned out, but there appeared no crumbs.)

Court. Do you know whether that bag really belonged to him or not? - No I do not.

NOT GUILTY .

Tried by the first London Jury before Mr. Baron EYRE .

Reference Number: t17850406-99

513. JOHN THOMAS WILKINSON was indicted for indicted for feloniously stealing on the 4th day of December , four pieces of baize flannel of the length of 184 yards, value 10 l. the property of John Bracken and John Wilkinson .

THOMAS CURETON sworn.

I am porter to Messrs. Bracken and Wilkinson; in Packer's-court, Coleman-street; on the 4th of December I was to carry four pieces of flannel to High Holborn, Bloomsbury-square; I set off about five, and at a quarter after five I reached the pitching-block in Holborn, the corner of Bartlet's-buildings , about five minutes after the prisoner came and pitched this box, there was a little bit of paper parcel at the top of the box; he said nothing to me nor I to him; presently a gentleman came out of a lottery-office two doors from the pitching block, with a ruffled shirt and a two curled wig, and a pen stuck in his car, he had a letter in his hand, and asked the prisoner to take the letter, and the gentleman said he would give him six pence, and bid him come into the lottery-office; the prisoner gave me charge of his box and

my own also, and said when he returned he would give me something to drink, a glass of gin or a pint of purl, or something of that, he said he should spend the money; he returned in three minutes, and he went into the lottery-office, and returned with six-pence in his hand, and he said now be so good as to go and order a pint of purl with a penny worth of gin in it, for us to drink, for it is a very cold night, as you have taken care of the things; I was gone about five minutes, and when I came back I found the prisoner and my load gone, and this box which the prisoner pitched left; I took an officer immediately into the lottery-office to take this man into custody, thinking he might have connections with the prisoner, and there was not such a person there; I then returned to my master's house, and went up to Sir Sampson Wright's and opened the box in the presence of Sir Sampson, it contained nothing but brickbats and stones; in the paper parcel there was a piece of woollen bag, and a child's old bed gown and bits of blanket; I never got my flannel again; I saw the prisoner again about two months after, I saw him at the bar at Guildhall, charged with some other offence, I went to look at him in the Compter, and I said I knew him.

Mr. Garrow, Councel for Prosecution. Look at the man, be extremely cautious? - I have not the least doubt, I could not rest till I had told it; my heart is quite easy that he is the man.

To Prosecutor. How long had you an opportunity of seeing this man at the time you lost your load? - It was full ten minutes, the gentleman from the lottery-office did not come for some minutes after we stood there.

Are the brickbats there? - No, Sir, they me to carry them, and I did not like to carry them any longer: the flannel I lost was my master's property.

Prisoner. I am come here with a resolution to speak the truth, and nothing but the truth; I am a man that is low in circumstances, nevertheless I have no manner of doubt but you, my Lord, and the gentlemen of the Jury will Yee equal justice done by me, as if I was a man of property; if I shall deny any question that shall be demanded of me, then, my Lord, and gentlemen look upon me in a had light.

Mr. Peatt, Prisoner's Councel. You said you was gone for this beer and gin about five minutes? - Yes.

Then upon the whole you was only in company for five minutes? - No.

The prisoner did not say much to you? - No; he was dressed in a brown great coat, and a white apron.

When you saw the prisoner at the Poultery Compter, did not you say you was sorry for what you had done, and that you was convinced he was not the man? - No, I told him I believed he was the man that robbed me.

Did not you say that now you saw him by day light, you was convinced he was not the person? - The prisoner said, how can you say such a thing, I was bad with a canker in my mouth, and he brought out a sheet of paper, and there was his name upon it.

Did not you say at the time you stood with him at the Poultry Compter that now you saw him by day-light you was convinced he was not the person, or words to that purpose? - I told him I was sure he was the man.

Was you examined upon oath by the Magistrate? - I was.

You are quite clear of that? - Yes.

Did not you swear you did not recollect him? - I wished to have a little more recollection.

Did you at any time during the examination say he was not the man? - I did not.

Did you say before the Magistrate he was not the man? - No, Sir.

Recollect yourself, my friend, come remember what you are about, and pay some more attention than you did to your master's goods? - Before Alderman Boydel I told him I did not believe he was rightly the man but I wished to have a little more consideration.

PRISONER's DEFENCE.

I was called before the Alderman on Tuesday the 2d day of March, it was the 1st day of March he came into the lodge, and called for a pint of beer, and let some few words drop concerning me; about half an hour after five the same evening, the prosecutor and that gentleman came and sent for me to the lodge, then he asked me if I knew him, I told him to my knowledge I never saw him before; he told me, on the 4th of December he pitched a parcel there, and I was the man that took it; I told him he was mistaken; he told me the whole story, and said he would swear to it; I told him it was a very critical point where life was concerned; the next morning, about half an hour after nine, the prosecutor came to the place, and called me, and said he was sorry for what he said over night; but when he came to look at me again I was not the man; he said it was very hard upon him, for his master threatened to arrest him for the property lost; I told the Alderman that I was a very remarkable man, and if the man could swear to me he might; the Alderman said that was very fair, and asked him if he could swear to me; no such thing; I was discharged, but remanded till I got people to my character; I was ordered up on Saturday without a hearing, then on the Monday I got my friends to appear, then I was ordered into custody; then the prosecutor said he would swear I was the man that left the box there, but that he would not swear I was the man that took his bundle.

JOSEPH HEMMINGS sworn.

I am a watch and clock-maker, I have known the prisoner between four and five years, he is an honest, industrious, hardworking man; I have employed him, he always behaved well.

Court. How long has he had that impediment or difficulty in speaking? - It has been coming on for years; it has been very bad for the last twelve months.

Was his difficulty in speaking before Christmas as bad as now? - Not quite so bad.

Was it so bad as to be noticed? - Very much so.

The prisoner called two more witnesses who gave him a good character.

NOT GUILTY .

Tried by the first London Jury before Mr. Baron EYRE .

Reference Number: t17850406-100

514. WILLIAM GIBBONS was indicted for that he, on the 8th day of March last, feloniously did convey and cause to be conveyed into the prison of Tothill-fields Bridewell , one large stick with an iron socket, and one large rope fitted to the same, being an instrument proper to facilitate the escape of prisoners, and did deliver and cause to be delivered, the same to one William Stewart , being then a person committed to the said prison, and detained there for felony and burglary, without the consent and privity of Alexander Fenwick the governor and keeper of the said prison; with intent to aid and assist the said William Steward to make his escape out of the said prison .

The case was opened by Mr. Silvester, of Council for the prosecution.

The witnesses examined separately at the request of Mr. Peatt, Counsel for the prisoner.

ALEXANDER FENWICK sworn.

I am keeper of Tothill-fields Bridewell, I have a warrant under the hand writing of Sir Sampson Wright, for the commitment of William Stewart ; there was no other in that warrant but Stewart.

(The warrant read signed Sampson Wright.)

"Westminster to wit. To the governor

"of Tothill-fields. Receive the body of

" William Stewart , herewith sent you,

"brought before me by Patrick M'Manus,

"charged on the oaths of John Waddington ,

" and Patrick M'Manus, on suspicion

"of burglariously breaking the dwelling-house

"of Robert Snow , and him safely

"keep in your said custody for further examination

"on Wednesday next, or untill

"he is discharged, and for so doing this

"shall be your sufficient warrant."

Court. What, is it on suspicion of burglary? the words of the act of Parliament are,

"detained in any gaol for treason, or felony, expressed in the warrant of commitment."

Mr. Silvester, Counsel for the Prosecution. My Lord, there is another case before you, reserved upon this very point; the case before was not mentioning felony, it was the case of the King and Richard Walker ; and there was a case came before all the Judges, about twelve years ago, where upon an indictment of this nature, under the statute of the 16th of George II . for conveying in several things for an escape, it was not expressed in the warrant that it was for felony, and the Judges were all of opinion that it was not within the act of Parliament, and the prisoner was discharged; I took the objection myself, it was a woman that escaped out of the Poultry Compter.

Mr. Peatt, Prisoner's Counsel. I was first going to make the objection myself, when your Lordship spoke; I believe the case is very plain, if your Lordship will have the goodness to reverse the case, if the facts are sufficient against the prisoner.

Mr. Silvester. The case that is reserved is, a man was conveying a man to gaol, and they got out a knife, and cut him across the face, and attempted to cut his throat, it was tried at Maidstone, and the man was convicted, but it struck Mr. Justice Gould, as it has your Lordship, and he reserved the case.

Mr. Fenwick. My Lord, this rope and iron were found hanging down in the prison, I was within a yard of the person that found it: I saw that found on the side of the wall withinside of the prison, joining my apartment; I hastened by the back of the prison to seek for Stewart, thinking I should find the prisoner Stewart, I went to the field called Dr. Fordyce's field, at the back of the prison, and I found this end of the rope there, the boy that stood before me, said, I saw the man that goes about with bull dogs here about seven, and another said, that must be Gibbons; a handkerchief was found the next morning, the irons were found in the prison, cut off at top, and the other brought back by two people.

Who found that iron in the prison? - My turnkey, he is not here; I saw the prisoner on the Wednesday afternoon, he came down with another man, the escape was on the Tuesday.

Mr. Peatt. You did not find those irons yourself? - No.

Nor you did not see any person make use of that rope and stick? - No.

Is that rope and stick in the same state in which it was found? - Yes, the prisoner was stopped by my turnkey; when we taxed the prisoner, he said, it was very unlikely he should be the person that should assist Stewart out, and then come down there afterwards.

THOMAS PEARCE sworn.

I keep a public house about ten yards from the gaol, I saw the prisoner on Tuesday the 8th of March, about half an hour after two go into the gaol, and come out about five.

Who was in the gaol then? - I cannot tell, I heard about half after seven, Stewart escaped, I happened to be at that time at Dr. Fordyce's gardens with their people, I ran into the garden ground, the north-west part of the goal, and this part was hung down into the gaol, and the other part was hanging into the garden ground, this handkerchief.

Is that a thoroughfare? - No, it is a private garden, this knife was found on the prisoner when he was taken into custody.

Mr. Fenwick. I saw the handkerchief picked up, and somebody said it was Stewart's.

When the prisoner was taken up, did

he say who he was in company with? - No.

Mr. Peatt. In whose possession has that rope been? - Mine.

WILLIAM BRIANT sworn.

I am a turnkey, I saw the prisoner come in the goal on the 8th of March, between two and three, he was walking with Stewart to and fro, I do not know what time he went out, he did not speak to me, he spoke to Harry Wright who is not here, I found the rope hanging down the wall.

ROBERT PASSFIELD sworn.

I live with Mr. Price, I know the prisoner, I saw him walk out of the gaol about five, and go the outside of the gaol towards Collins's, after that I saw him very near seven o'clock, in Dr. Fordyce's field over the corner upon the bank.

How near did you see him from the wall of the prison? - About a hundred yards from where the prisoner got out, there is no foot way there, I did not know what he was about; I am sure that was the man, I I am positive of it, I knew him two years ago, he goes out with bull-dogs.

Mr. Peatt. What account did you give of this business before Sir Sampson Wright at the first hearing? - Quite the same I do now.

You are sure of that? - Yes.

Did you tell Sir Sampson, that you was not sure as to the person of the prisoner? - I said, I was sure that was the man.

Mr. Peatt. You are quite sure you did not express any doubt before Sir Sampson Wright, as to the prisoner's person? - Yes.

Recollect yourself? - Yes, I am sure I said, that is the person I saw in Dr. Fordyce's field.

And during the whole examination you expressed no doubt? - I said that was the man.

Did you say you thought he was the man, or that you believed he was the man? - I said, I believed he was the man.

Court. It is reduced into writing here. (Reads)

"The said Robert says, that on

"Tuesday last, between four and five in

"the afternoon, he saw the prisoner walking

"on the outside of the prison, between

"six and seven, he saw the said Gibbons

"again standing still in the corner of Fordyce's

"field, in which there is no thoroughfare."

Mr. Peatt. There is no foot-path where he stood? - I have been partly all over it, and there is no foot-path in it.

What was you doing in the field? - I was rummaging straw in the next field.

Are there not pathways among the flower beds? - Not where that man stood.

Mr. Pearce. Where the boy stood, and where the prisoner was, there was neither path nor road.

Mr. Peatt. Have you seen other people there at different times? - No, only them that belong to it.

Court to Fenwick. He had escaped at seven or a quarter past seven? - Yes.

Mr. Peatt. Had you any reason for knowing it was that time? - I think it must be about that time.

PRISONER's DEFENCE.

I went into this gaol, on Tuesday to see one William Brown , and likewise I had a message to deliver from a publican in Swallow-street, about a man that was quartered there, and hitting a man over the head with a quart pot, and I went there to see if I could get the man out, I went in the gaol, and as soon as I got in the gaol, Wright stopped me for assisting Steward, then he sent for the boy, and he said I was the person, he thought he saw me about there, and in the morning before Justice Gilbert he said, I believe it is, I think it is; says the Justice, you must be sure, no, says he.

THOMAS PRYER sworn.

On the 8th of March, I went to see the prisoner's brother to drink a dish of tea; about six in the evening, he asked me to take a walk to see the house he was building, and when I came down there, he missed something, and he desired I would take

care of his house, I staid there about two hours, the prisoner came there to see for his brother, and they asked him to go to a chair club.

What time did the prisoner come there? - About twilight, I believe, as near as I can guess it was between six and seven; the prisoner staid there three quarters of an hour, as near as I can recollect.

Where was this house? - In Margaret-street, down the back of High-street, Mary-le-bon; I suppose a mile and an half, or near two miles from Tothill-fields.

Mr. Silvester. How came you to recollect? - My brother informed me he was taken in custody, and desired I would speak what I knew.

Did you attend before the Magistrate? - Yes.

Was you examined? - Yes.

Did you tell him the same story? - Yes, before Sir Sampson, and before Mr. Addington.

What makes you recollect the hour? - I cannot tell what makes me recollect the hour, but I am positive of it, it was twilight.

Whether it was near six or seven you cannot tell? - It was half past five when we came to the prisoner's brother, and I suppose it might be three quarters of an hour after that I saw the prisoner.

How long did he stay there? - As near as I can tell three quarters of an hour; I had no watch nor clock, I only recollect the day from the circumstance I am called here upon.

Was it the 5th or the 6th? - It was the 8th, I recollect by the ticket, I read it, as near as I can recollect it was,

'desire the favour of your company to come and spend the evening at a public-house in Swallow-street,' I do not remember the sign.

When were they to meet at this club? - The same evening, I believe.

What, do not you know? - I am sure the same evening, I will not be positive to the sign, but it might be the crown.

Court. The prisoner came to enquire whether his brother was at home; did the brother go with you to see the building? - Yes, and he went away directly; he desired I would look at the place, and see how far he had got.

Then you staid very near two hours at the building? - He desired I would stay there till he came back.

What time did the brother come back? - Not above a quarter of an hour after the prisoner went away.

What time did the prisoner go away? - As near as I can recollect it was between seven and eight, he had been with me all that time.

What could induce you to stay two hours there, when one hour of that must be quite dark? - There was a fire to sit by.

There were none of the workmen there? - No, I was never long acquainted with the prisoner, his brother is something in the coach way.

What was he building this house for himself? - Yes, I believe the prisoner is something in the same branch, but I do not know.

Prisoner. I am a coach-maker.

The prisoner called four witnesses, who gave him a good character.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Justice NARES.

Reference Number: t17850406-101

511. PATRICK BURGESS otherwise EDWARD WHEELER was indicted for feloniously uttering and publishing as true, on the 11th of January , a certain false, forged, and counterfeited power in writing, with the name William Place thereto subscribed, purporting to be signed by him, a seaman, on board the Termagant, and to be a power by the same William Place, from the 24th of December, 1780, to the 1st day of January, 1781, for the payment of certain prize-money then supposed to be due to the said William Place,

for services done by him on board the same ship, in order to receive certain prize money then supposed to bestue to him, knowing the same to be forged, with intention to defraud Robert Rashleigh and Co.

The Case opened by Mr. Silvester.

HENRY THOMPSON sworn.

I am clerk to Messrs. Rashleigh and Co. the prisoner came to our house on Tuesday the 11th of January last, about three in the afternoon, he came into the compting-house, and on seeing me he was coming up, I called out to him if he was coming for prize-money, he was too late that day, I was particularly busy in counting dollars, and I did not wish him to come near me, he said he had an order, or a power, I cannot say which, to receive prize-money, and he seemed to be going out, when Mr. Turner, one of the partners called to see his authority, upon which he gave him the order; Mr. Turner said he believed it was a forgery, and desired me to call Mr. Rashleigh, who immediately came out of the other compting-house.

- TURNER sworn.

I received this paper from the prisoner, I examined the prize list, there was no money due to this man of the name of Place, it appeared that the fourth payment was made, and the mark of William Place put as a receipt at the time of payment.

Thompson. I paid Place two pounds six shillings the last payment, he made his mark.

Mr. Turner. I called Mr. Rashleigh, and said I suspected it was a forgery.

Mr. Keys, Prisoner's Councel, to Mr. Thompson. Did you pay Place any money before? - He had been paid two or three times.

Then you cannot say that he cannot write, all that you know is, that he made his mark? - Yes.

ROBERT RASHLEIGH sworn.

I was called into the compting-house and informed that a person was present to receive prize-money; and they supposed there was a forgery; I went into the compting-house to see, and saw the prisoner, and shewed him this paper, and asked him how he came by it, as it was dated Plymouth; he told me he received it in a letter from Plymouth; I asked him where the letter was; he told me at his lodgings; I asked where his lodgings were; he told me at the White Lyon in St. Catherine's, I think that was the answer he gave; I then left him in the compting-House, and went for a constable, the constable came, and I charged him with the prisoner, on a suspicion of forgery, in uttering this note: I desired the constable to go with him to his lodgings; and if they found the letter there and the matter clear, I had no objection to the prisoner's being released, because I thought it would be a proof that he had come by it honestly; on the same day, and nearly at the same time I referred to some letters I had received from Mr. Nicholls, the Mayor of Plymouth, to compare it with the will.

Was the prisoner present? - I think he was.

Mr. Keys. He did not know what you did.

Court. Did he know you was comparing the hands? - I cannot say; here is the power of attorney, William Place has here put his mark, Mr. Thompson paid him.

Mr. Keys. I believe you asked the prisoner how he came by this after that? - Yes.

Court. Did he come back again after he had been to search? - He was carried to the Compter immediately.

Had you any conversation with the prisoner after? - Yes, I had.

I believe in that conversation you required him to tell the truth, how he came by this order to receive the money? - I did, and his account of it was that he received it from one Joseph Eagan , at a public-house, a little above that house; Eagan was sent for upon that, and taken into custody, but he was afterwards discharged for want of

sufficient proof; the prisoner said there was another man that would prove it; he said, he had been a taylor, he said Eagan had drawn it; the prisoner had before received money on powers of attorney; and I asked him where these powers were; he said they were altogether at his lodgings; the prisoner is a taylor or shopman, he had often been at our house before, and had always signed his mark.

Mr. Keys. Did he say Eagan owed him any money? - No, the prisoner made this kind of declaration, with the view of turning King's evidence.

WILLIAM PRICE sworn.

I was on board the Termagant till she was paid off, from the time she was put in commission; I know William Place, to my knowledge he could not write, I always saw him make his mark, I have wrote letters for him, the ship has been paid off two years, but whether he has learned to write since, I do not know.

Mr. Silvester to Mr. Thompson. How long before this had you paid Place? - The 27th of September.

JOHN PAGE sworn.

I knew Mr. Nicholls, the Mayor of Plymouth, for fifteen years, I have seen him write constantly.

Is that his hand writing? - It differs very much from his usual mode of writing.

Do you believe it is, or it is not his hand writing? - I believe it is not.

(Read, and the indictment examined by Mr. Keys)

Signed William Place,

"Plymouth, January the 2d, 1785, Please to pay the prize money due to me, (or ms.)

Mr. Keys. It is clearly ms. here, for his Majesty's ship Termagant, wisch, (for which) this shall be your discharge, William Place.

Court. It is a fair simile.

Mr. Keys. I think it is hardly so much, my Lord; there is to be sure a tolerable imitation.

Mr. Silvester. The Jury will judge of that.

Prisoner. I desire to have my witnesses called; I have nothing particular to say.

The prisoner called twelve witnesses who all gave him a very good character; and one of them saw Eagan deliver him a stamped paper in part of payment for clothes.

NOT GUILTY .

Tried by the second London Jury before Mr. Justice NARES.

Reference Number: t17850406-102

512. GEORGE REYNOLDS (a child of ten years old) was indicted for feloniously assaulting Henry Skinner on the King's highway on the 14th day of March last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, twenty-four pair of cotton stockings, value 3 l. and six pair of brown cotton stockings, value 20 s. the property of Robert Cox .

NOT GUILTY.

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17850406-103

513. JOHN HARFORD was indicted for feloniously stealing on the 6th day of March last, one plate of glass, in a wooden frame, covered with hair shag, value 18 s. the property of Penelopy Cholmondeley ; and one great coat, value 5 s. the property of John Thomas .

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17850406-104

514. JOHN BARLOW was indicted for that he feloniously did receive, harbour, and maintain one Edward Payne , knowing him to have committed a felony, of which at the sessions held in January last, he was tried and convicted .

The Indictment opened by Mr. Garrow, and the Case by Mr. Silvester.

The Record produced and read by Thomas Shelton , Esq; Clerk of the Arraigns.

ROBERT TAYLOR , Esq; sworn.

I was one of the owners of the ship Elbe, I went to the prisoner's house; I had an information that Payne, who has since been convicted and executed, was concealed there; I went on the 31st of October, it was some time after the robbery; the prisoner's house is down an alley in Half-moon-alley, an obscure place; after rummaging every room in the house, he told me I was a day behind the fair, or a day too late, for he was gone one hundred miles out of town.

What was the amount of the robbery? - Twenty-seven or twenty-eight hundred pounds, about two thousand five hundred pounds in dollars.

Mr. Scott, one of the Prisoner's Council. Who was it that made the first application that you received respecting Mr. Barlow? - I believe it was Mr. Samuel, the proprietor of the watches; I went myself the first morning.

Did you acquaint Mr. Barlow what your business was? - There was myself, Mr. Samuel and his son, and they had two or three constables; I went to find Payne, at the first sight I had no idea of Mr. Barlow having any of my property; I sent a message by my servant, and he came to me.

When you sent your servant, did you send word what business you wanted him upon; - I believe I did not, but my man knew the business; Mr. Barlow came the same morning voluntarily; I asked him to refund the money, he said he had none; I went then to Sir Sampson's immediately; and I believe he was sent for to Sir Sampson's; I believe he came there voluntarily, there was no warrant.

What was desired of him at Sir Sampson's? - He was questioned relative to the property, why he did not give up the property; he was required to give up eighty pounds.

Was he told if he would admit having the money in his possession that he would be discharged? - He denied having it, as far as I recollect; I recollect the circumstance of the girl charging him with the delivery of the money, so much in cash, so much in bank notes, tied up in a particular manner; it was upon his examination before Sir Sampson; the girl's name is Mary Ann Garrett ; he admitted receiving the gold, and as many of the bank notes as he returned; he had returned forty-four guineas, and some bank notes before this, and said he did not know the contents of this; it was tied up with a bit of string, and he knew nothing of the contents of that parcel.

CHARLES GOLDSMITH sworn.

I have known the prisoner twelve months last January, intimately as brothers almost; I knew Edward Payne as well as I know Barlow, I was at Barlow's house every day in October last; I always understood this Payne was a thief, that he got his living by robbing on the water; I have frequently been in his company half an hour, and he used to say, I must go to work to night, that was, I must go a thieving; he used to say, I have appointed so and so, I did not know the persons, but after I heard of the robbery of the ship Elbe, when I heard it I said to my wife, damn it, I will lay a guinea that Payne is in that robbery; I instantly went and found Payne, smoaking his pipe by the side of the fire; when I went in nobody was in the room but Payne, and when I read the advertisement to Payne, he trembled very much at it, and was agitated very much: I saw Barlow in the entry, and said to him, I really believe Payne

is in this robbery which is in the paper, for he trembles so, you would be amazed at it; Barlow said, what robbery; then I went in and read the same advertisement to Payne and him, then I went away, and in the afternoon I came to the window again, we happened to have some oysters for supper, and Payne, and Barlow, and my brother and me joined together, we had half a bushel; I staid there till eleven, then went home; as soon as I was up in the morning Payne was there, and the next morning also; I suspected he lay there, but I did not know it at that time; the very next day I came down to the door, there was Payne with Mr. Barlow's red coat on, and a hat, I will swear to the coat; then I said to Payne, why Barlow's coat fits you like a smock frock, it touches your heels; there was a fight at Islington, and I said Payne will you go and see the fight; and Barlow said no, there will be too many eyes there, that was the day before he went off: I saw some gentlemen come after Payne, and when they asked for him, I heard Barlow say, you are come too late for the fair, I went with Barlow to see if Payne had got off safe, or if not, Barlow said, he would tell him to get off directly; there were three or four of us went; says he, he is not affraid of little spider, but he is afraid of Dolfin; says he, he says he is not afraid of transportation, he is only afraid of being hanged; he could not bear to be hanged.

Was that before Payne went off? - Yes, more than twenty times before Payne went off.

Who was this spider? - I believe May Cooke.

Mr. Fielding, another Council for the prisoner. You have known the man at the bar eighteen months? - Yes.

Habits of intimacy all the time? - No, there has been some coolness between us since Payne's affair, I never was out with Payne but once.

What robbery did you commit then? - You do not understand me so; I never was out with him but once to spend the afternoon.

But you knew him for eighteen months, and always suspected him for a thief. - No, no, you run on too fast for me; I suspected him to be a thief a considerable time before this.

How came it you did not inform some Magistrate that he was at this house of Barlow's? - I had something else to do, I have four children to work for.

You made one of the party at oysters, now how came you to sup with him? - I supped with Mr. Barlow.

How long was it before you became acquainted with Mr. Taylor? - Last Friday.

How came he to find you out? - Ask him, you shall not have it from me, I do not know.

How did he find you out? - Ask him, I will not tell you, for I do not know, I was informed he sent a man to enquire for me.

What did Mr. Taylor say to you when he first met you? - I positively cannot tell you the words, he asked me my name, and I have had a subpoena served upon me if it was nothing but what I expected, when I heard that the man had robbed the man of eighty, and stripped him in gaol, what could I expect.

What are you, and where do you live? - By my hands.

To what use do you apply these hands to? - To making chairs, and mending them; I live in Long-alley, Moorfields.

Have you been at work yesterday, for the day before? - No.

What have you had from Mr. Taylor? - I have not seen the colour of Mr. Taylor's money yet.

You say you saw Payne at Barlow's house through the window? - Yes.

But at that lucky juncture when you got this glimpse of him, anybody else might have had the same glimpse? - Yes.

MARY ANN GARRODD sworn.

Mr. Garrow. You had the misfortune to live with Payne? - I never lived with him, I kept company with him.

Did you see Payne and the prisoner together at any time after that? - Yes, the day after the robbery, I saw Payne at the prisoner's house with me.

What passed between Payne and you? - I took the paper and shewed it to him, and he read it, he took very little notice to me about it, the prisoner advised me to take an empty room, or a ready furnished room, and he directed me to Butler's-alley, and I could not get one, we continued at Mr. Barlow's while I was seeking for a lodging; I think he was there three days, he was there in the back room, and locked up; sometimes they put him in the necessary, when any of Barlow's girls were coming, he was put in a place of concealment; there was one girl he was affraid of, for Barlow said, she was a bad sort of a body, and had lived in a bad place; on the Thursday following this robbery, Payne brought me four guineas, and three ten and one twenty-pound note, on the Thursday night following, and on the Friday night following he brought me forty guineas, and six tens and one twenty more, and he bid me take care of them, and not let Barlow know any thing of them, and he bid me good night; he went away, I saw no more of him till Thursday, then he staid at Barlow's till the last of his going off; I laid with him, therefore I know he was there; Payne was to come to dinner, but he did not, and Barlow's sister came in about one o'clock, and she said, Poll, Ned is taken, she said to me, you will be surely hanged or transported for life; I went to my room and fetched these guineas and notes away, and I came to Barlow's and said, what shall I do! says I, what shall I do! says he, suppose we put the notes into the tea kettle, no, says I, that will spoil them; this was the Sunday evening, and he put the guineas in the drawer, and said, gold cannot be sworn to; on the Monday morning I gave him these eleven notes, and I went to Edmonton, and his sister came down, and said, Ned is not taken; and I came to Barlow's house, says I, come Jack, give me my money and my papers, and I will go home, so he gave me the money in a stocking, says I, where are my papers, he said you must stay for them till eight o'clock, and then he gave me four notes instead of eleven, and I came back immediately; he said hold your tongue, I will go and seek for them, and he came back, and said, he could not get them till five in the morning; says I, Payne will be here in the morning, and he will murder me; the next morning Payne came to this man's house, and Barlow came to me, and said, I have got Ned.

Mr. Fielding. How long from that time was it before Payne went to Lynn, in Yorkshire? - Upon my word I cannot justly say.

Prisoner. This woman asked me to lend her a guinea, so she is persuaded to do this, I am as innocent as a child.

The prisoner called nine witnesses who all gave him a good character.

GUILTY .

To be fined 1 s. and imprisoned one year in Newgate .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17850406-105

515. JOHN FOSTER was indicted for that he, together with one Henry Sterne , not in custody, did obtain from one William Hart , the sum of 50 l. three per cents. then of the value of 28 l. 8 s. 9 d. to procure for him a tide-waiter's place, at the Custom-house, and fraudulently and deceitfully did pretend that the said Henry Sterne was a man of strict honour and integrity, and was head writer to the Duke of Richmond, and had the disposal of places as a perquisite to him, with intent to defraud the said William .

GUILTY . Sentence respited .

Reference Number: t17850406-106

516. WILLIAM JAMES was indicted for obtaining the sum of four guineas by false pretences , from George Downing .

NOT GUILTY .

Those two tried by the first London Jury before Mr. RECORDER.

Reference Number: o17850406-1

492. GEORGE COUSINS was set to the bar, when the Clerk of the Arraigns read as follows: - Middlesex to wit. Wednesday the 6th day of April, before the Right Honourable Richard Clark , Lord Mayor of the City of London, &c. &c. Richard Akerman , Gentleman, keeper of his Majesty's gaol of Newgate, brings into the Court here the body of George Cousins : and whereas the said George Cousins hath voluntarily confessed, he is the man known by the name of George, otherwise Teapot, who, at the suggestion of the Attorney General, on the 18th of January, in the 23d year of his present Majesty's reign, at the parish of Ringwood, was in due manner charged before Henry Compton , Esq; then one of the Justices, by the information of six credible persons on oath, that he and several other persons, being armed with offensive weapons, were assembled together at Burley, to rescue, and were aiding and assisting in rescuing, and taking away unaccustomed goods: that it was returned to Lord Sidney, who did on the 14th of February following, lay the same before his Majesty, in his Privy Council, and his Majesty did thereupon order, require, and command you the said George Cousins , therein called a person known by the name of Teapot, to surrender yourself within forty days; wherefore the said Attorney General prays that the said Court here, would proceed to award execution against him, the said George Cousins , according to the directions of the said statute.

Court to Prisoner. Do you understand what was read to you, Cousins?

Prisoner. No, my Lord.

Court. I will tell you in a few words what it is, you are charged with being the person, against whom information was laid before Mr. Compton, a Justice of the peace, by six persons, by the name of George, otherwise Teapot, for being present, aiding, and assisting, in the rescue of unaccustomed goods, and that information was afterwards certified to the secretary of state, and was by him laid before his Majesty in Council, and thereupon an order of

Council was made and duly published, and proclamation had, requiring you, by the name of George, otherwise Teapot, labourer, to surrender yourself within a certain time, in order that you might be tried for that offence, and you have not surrendered yourself accordingly; and that therefore you stand attainted of felony: therefore the question is, whether you do or do not admit, that you are the person described in that information, and in that order of council, and whether you do or do not controvert the truth, of there having been such an information made, and that information having been certified, and such an order of Council obtained against you, and whether you can shew that you have surrendered.

Prisoner. I am the person they take me to be, but I was not there, I have not surrendered.

Mr. Shelton. Do you deny the several facts stated in the suggestion?

Prisoner. Yes.

Mr. Silvester. Take notice that you are to be tried next session.

Court. That you may not be deceived, I think it right to apprize you, that when you come to be tried on this suggestion, the question will not be whether you was there, but the only question will be, whether you are the person known by the name of George, otherwise Teapot, labourer, and whether they did inform against you, and make such order against you in the Privy Council; therefore you must not go away with a notion, that you are to be tried on this suggestion, or for having been there at the time, for that is not the question.

The prisoner then withdrew.

Reference Number: o17850406-2

John Carter , convicted at a former Sessions ordered to be transported for seven years from the time of his conviction .

Reference Number: s17850406-1

The Sessions being ended, the Court proceeded to pass Judgment as follows.

Received Sentence of Death 24. (viz.)

William Higson ( executed the Monday following for murder,) James Haywood , William Harding , James Jones , Richard Clarke , Thomas Scott , Patrick Daly , Henry Wood , Sarah Whitehead , Margaret Gardener , Stephen Langdon , George Pidgeon , George Ward , Thomas Conner , George Morley , Thomas Bateman , otherwise Porker, Thomas Brown , John Thompson , otherwise Wrinkle, Patrick Eagan , otherwise Macgrath, John Henry Palmer , Mary Jones , James Hughes .

Received sentence of transportation for fourteen years, 2, (viz.)

Samuel Holt , and Uziel Barrah.

Received sentence of transportation for seven years, 14, (viz.)

William Young , (to Africa,) Peter Oberg , Ann Fowles ; James Bryan Cullen , George Wilkinson , (both to Africa,) Thomas Simms , Francis Cook , Abraham Slater , John Etherton , George Gillin , William Robinson , Mary Pile , John Clark , otherwise Hosier, (to Africa,) Samuel Blackmore , Thomas Strutt .

To be imprisoned in the House of Correction, twelve months, 12.

Mary Butler , John Jones , Elizabeth Stanley , William Cheshire , Solomon Leach , Henry James , Daniel Huggins , John Cox , William Anderson , Thomas Sams , William Baker , William Bolton .

To be imprisoned six months in the House of Correction, 9.

James Price , Elizabeth Jones , John Trayner , Joseph Manning , George Chandler , Mary Lightfoot , John Mooney , Mary Simms , Mary M'Dermot, Richard Truman .

To be imprisoned one month, 1.

Sarah Davis .

To be publickly whipped, 20.

James Price , John Jones , Joseph Manning , John Hill, Thomas Samms , Samuel Toome , Henry James , Daniel Huggins , Joseph Bolus , John Bandebus , John Cox , William Holmes , James Pennel , William Baker , William Bolton , William Brown , William otherwise Thomas Roberts, Robert Maxfield , John Lesby , Peter Doyle .

Reference Number: s17850406-1

John Carter , convicted at a former Sessions ordered to be transported for seven years from the time of his conviction .

Reference Number: a17850406-1

HODGSON, PROFESSOR of SHORT-HAND, and SHORT-HAND WRITER to the OLD-BAILEY, At No. 35, CHANCERY-LANE,

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N. B. The Table may then be had separate, Price 6 d.


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